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APCOA in Almondvale, Livingston

hazelwoods
hazelwoods Posts: 276 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 10 August 2010 at 1:07AM in Parking tickets, fines & parking
We returned to the car today, after spending about an hour (and lots of money) in T K Maxx in Livingston, to find an orange plastic envelope stuck to the windscreen.

Parking Notice Enclosed
Warning
It is an offence for any person other than the driver to remove this notice.

The envelope was removed and opened in the car.
The notice is from APCOA - postal address in Uxbridge

It states that the vehicle was parked in an unauthorised area.

On arrival at the car park, in pouring rain, we couldn't find a space as the store has some renovations work on-going and several of the parking spaces are filled with large metal containers. We drove past the only 2 empty spaces as they were disabled spaces. After driving around the car park and still finding no other empty spaces we decided to park where many people park even when the car park is not full. Had we not parked there we would not have gone to T K Maxx and would not have spent quite a lot of money. Their building work almost lost them a good customer.

The notice states:

"All parking within the car park is regulated by the contract conditions displayed at the entrance to the site. By entering and remaining on the property, you have agreed to these terms and conditions and contracted with APCOA Parking UK Ltd to be legally bound by them."

The alleged breach of contract is then explained.

The notice goes on to state:
"A Parking Enforcement Notice of £40.00 is now due. If payment is made within 7 days the penalty will be reduced to £20.00. Thereafter a full fee of £40.00 will be payable."

Our first thought was to write to them and say we object to paying and querying the validity and legality of it. Also that the higher level of £40 for not paying within 7 days was definitely not acceptable.

After reading the MSE Guide to Private Parking Tickets I'm sure my initial impression of "It's not legally enforceable" (or words to that effect) was correct.

The "contract conditions displayed at the entrance" are unreadable. The car park entrance is via a somewhat steep narrow road with a sharp left turn at the bottom.

We've read advice on the forum that says IGNORE, and maybe this is what we should do.

However we feel this should be challenged because there will be other drivers who do not have access to MSE and don't know that this company are probably just "trying it on"

Your advice would be gratefully received
Thanks

Comments

  • taffy056
    taffy056 Posts: 4,895 Forumite
    hazelwoods wrote: »
    We returned to the car today, after spending about an hour (and lots of money) in T K Maxx in Livingston, to find an orange plastic envelope stuck to the windscreen.

    Parking Notice Enclosed
    Warning
    It is an offence for any person other than the driver to remove this notice.

    Just completely ignore them, this is not an enforceable ticket unless its issued on behalf of the council, and its certainly no offence to remove a piece of paper from your windscreen that is a kin to a 419 phishing scam from nigeria

    hazelwoods wrote: »
    The notice goes on to state:
    "A Parking Enforcement Notice of £40.00 is now due. If payment is made within 7 days the penalty will be reduced to £20.00. Thereafter a full fee of £40.00 will be payable."

    When you read this, a sum of £40 is due, if you pay within 7 days, I will reduce that sum to £20, I accept Paypal, so PM me to get my email address for payment - now would you pay me? thought not ;) now that ticket has much right to your money as I do!
    hazelwoods wrote: »
    Our first thought was to write to them and say we object to paying and querying the validity and legality of it. Also that the higher level of £40 for not paying within 7 days was definitely not acceptable.

    Your first thought should be to IGNORE
    hazelwoods wrote: »
    After reading the MSE Guide to Private Parking Tickets I'm sure my initial impression of "It's not legally enforceable" (or words to that effect) was correct.

    Its correct the ticket is not enforceable!
    hazelwoods wrote: »
    The "contract conditions displayed at the entrance" are unreadable. The car park entrance is via a somewhat steep narrow road with a sharp left turn at the bottom.

    Makes no difference, their rules mean nothing. As I mentioned IGNORE
    hazelwoods wrote: »
    We've read advice on the forum that says IGNORE, and maybe this is what we should do.

    Yep
    hazelwoods wrote: »
    However we feel this should be challenged because there will be other drivers who do not have access to MSE and don't know that this company are probably just "trying it on"

    Pass on what you have picked up here to your friends work colleagues and anyone who will listen to you ;)
    hazelwoods wrote: »
    Your advice would be gratefully received
    Thanks

    Hope i've helped :)
    Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
    They are all or have been suspended from accessing the DVLA database for gross misconduct!
    Do you really need to ask what kind of people run parking companies?
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 10 August 2010 at 8:02AM
    In fact APCOA is breaking the law by having the words "It is an offence for any person other than the driver to remove this notice." It appears to be a clear case of a breach of the Administration Of Justice Act by them pretending to have some sort of legal powers and status. They have not. They are just a bunch of private citizens.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Oopsadaisy
    Oopsadaisy Posts: 1,818 Forumite
    TKMaxx carpark = Private = Ignore.
    Hi, we’ve had to remove your signature. If you’re not sure why then you're as thick and stupid as the moderators on here - MSE ForumTeam
  • To be fair that has to be the cheapest Parking Charge Notice I have ever seen. They must be the Tesco Value of PPC's!

    Anyway same advice as the others. Do not contact them and ignore everything scary as they seem.
  • Thanks to all for your advice.
    It's good to know I should ignore it.
This discussion has been closed.
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