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JollyJim
Hi,

Firstly, I've had private parking tickets previously and successfully employed the "ignore" approach. However I am aware that things have changed in the last 6 months and this may not necessarily be the best approach.

I (RK and driver) parked in the Railway station earlier this week which is run by APCOA. I use this regularly and use their stupid automated phone system to pay. The reason I say it is stupid is that you can't pay when you park, you need to get to the platform so that you can get the code which is displayed there. This creates a problem, as when I'm at the station my primary concern is buying my train ticket and not missing my train.

On this occasion I was also meeting my boss at the station (distracting me further) and I got on the train without noting the 4 digit code on the platform, "fortunately" (or so I thought) the girl next to me said she knew the code. I recognised the code (they often seem to have the same one), called APCOA (automated system) and they happily took my money. However the amount was different to normal. (£2 cheaper) This worried me at the time.

When I got back to my car I had a private parking ticket for £80/£50.

I'm slightly concerned that having part paid I may actually be in a worse position legally than if I had not paid at all, because it suggests I was intending to enter into a contract.

Should I:
a) Appeal to APCOA now (On grounds that I tried to pay and am a regular customer) - I'm happy to pay the £2 difference
b) Appeal to APCOA now (On grounds that their fee is a punitive penalty and not enforceable)
c) Appeal to POPLA now (Not sure what grounds)
d) Wait for APCOA to get my details from the DVLA before appealing
e) Ignore
f) Something else

Thanks in advance,
JollyJim
anon45
Since the land is subject to 'railway byelaws', RK liability doesn't apply, and, as far as I can tell, APCOA don't pursue unpaid invoices to court.

There is a very remote risk that 'appealing' could lead to the train operating company who (presumably) own the land then prosecuting under byelaw 14, especially if the OP admits to being the driver in his/her appeal.

The £80 fee is indeed a punitive penalty, but there are plenty of other reasons why it is not enforceable.

If the OP wants an easy life, then ignore; otherwise, appeal to APCOA, offering to pay the £2 (taking great care to write the letter in the third person, without identifying the driver in any way) and then appeal to POPLA, with help from this forum, to cost the PPC £27 plus VAT.

IMO, POPLA is neither independent nor impartial, but, nonetheless, a Pepipoo appeal would most probably succeed, and, even if it doesn't, its ruling is not binding on the motorist and so can be ignored.
Father Dougal Maguire
British Parking Association Code of Practice
19.7 (page 12) If prompt payment is made you must offer a reduced payment to reflect your reduced costs in collecting the charge. The reduction should be at least 40% of the full charge....

£50 on your ticket is less than a 40% discount from £80 as the full charge. They are in breach of the code.
Jlc
QUOTE (Father Dougal Maguire @ Thu, 13 Jun 2013 - 15:08) *
They are in breach of the code.

I don't agree - but that doesn't make it any more enforceable. Offering an early discount is sufficient - the actual percentage is a 'should'.
SchoolRunMum
ANSWER = d) Wait for APCOA to get my details from the DVLA before appealing



Send a carefully-worded basic challenge, only when you get the first postal Notice (as long as you are the registered keeper with the DVLA).

This MSE post I wrote (as 'Coupon-mad' over there) explains what to do:

http://forums.moneysavingexpert.com/showth...45#post61647745

Do not say who was driving, write the first challenge as shown, either a short or a longer one, not talking about 'what happened' either.

At POPLA stage you'll need a different stronger appeal so read other threads & learn from them in readiness but do ask for help before POPLA stage.
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