Stopping ticket

northerncockney

Coupon-mad wrote: »

Which was it? Important as you can report APCOA if it was September.

Hi sorry date of offence 29/09/2012.

trisontana

Please don't use the "o"word. It's not an offence , you haven't broken any laws.

HO87

trisontana wrote: »

Please don't use the "o"word. It's not an offence , you haven't broken any laws.

I think n_c is quoting the wording used by APCOA.

@n_c You are not permitted to post a link but if you omit the http://www section of the url and post that detail one of the regulars here will convert that into a link for you.

Based on the wording you have quoted APCOA would appear to have misrepresented their authority. Getting sight of that letter would be most useful so that we can advise how to approachj this with regard to the DVLA.

northerncockney

I'm trying to upload image through imageshack but get this forum message.

Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to

continue can anyone help me upload it?
imageshack.us/photo/my-images/19/img0002kyp.jpg

ManxRed

http://imageshack.us/f/19/img0002kyp.jpg/

Another one from APCOA prior to Oct 1st and stating clearly that the liability reverts to the RK if they are not told who the driver is.

Another complaint to the DVLA needed methinks.

If northerncockney is up for this we can help with the complaint.

The_Slithy_Tove

ManxRed wrote: »

http://imageshack.us/f/19/img0002kyp.jpg/

Another one from APCOA prior to Oct 1st and stating clearly that the liability reverts to the RK if they are not told who the driver is.

Another complaint to the DVLA needed methinks.

If northerncockney is up for this we can help with the complaint.

@northerncockney: Please do this (complain to DVLA). The number of these from APCOA is increasing, and it's always better if the complaints come from the target of the ticket (you) rather than any of the regulars here, who are rather well known to the DVLA (and who may be regarded by them as "mischief-makers")

northerncockney

Okay what to do next.

ManxRed

Send a copy of the unedited letter from APCOA to:

[EMAIL="mike.butler@dvla.gsi.gov.uk"]mike.butler@dvla.gsi.gov.uk[/EMAIL]

The sublect matter should be 'APCOA - Statement regarding registered keeper liability'

With the following (put it in your own words as far as possible)

I received the attached letter on XXXth of XXX from APCOA, which relates to a parking incident on 29th September 2012.

To my best knowledge the ticket has been issued on private land and therefore falls under contract law. No bye-laws are mentioned anywhere in the correspondence and I cannot recall seeing mention of any bye-laws on any signs at the time [if this is true, obviously].

The letter clearly states that if the registered keeper does not disclose the name of the driver at the time of the incident, then the laibility reverts to the registered keeper. While I understand that new legislation has come into effect from 1st October, in which - under certain conditions - the liability might well revert to the registered keeper, the incident took place in September. I cannot see how the registered keeper, if they were not driving at the time, could possibly assume liability for a contract breach to which they were never a party, prior to the new Protection of Freedoms legislation coming into effect.

I believe the attached letter is a clear mis-statement of my legal position, and that APCOA should not be sending such statements which could result in payment of monies to them, to which they are not legally entitled.

I would be grateful if you could look into this for me.




Wait for a bit, see if any of the other experts suggest any additions or tweaks.

ManxRed

That's not the point. APCOA don't know whether that is true or not. Even if it was, they shouldn't be making assumptions at this point. Their letter misrepresents the legal position of the registered keeper.

northerncockney

ManxRed wrote: »

That's not the point. APCOA don't know whether that is true or not. Even if it was, they shouldn't be making assumptions at this point. Their letter misrepresents the legal position of the registered keeper.

Have drafted a letter for Mike Butler will attach copy of Apcoa letter. I have blanked out my name, address, vehicle reg etc. Do I need to sign letter in anyway or give an address to him.