Stopping ticket

The_Slithy_Tove

northerncockney wrote: »

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.

You should do. Anonymous letters will not be treated with the same respect as ones with name and address. Don't worry, he's not going to pass on your details to anyone.

Sirdan

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.

and as such they should be in line for a 3 month DVLA ban.....
what's the betting that as they are such a big company they get treated diffrently ..wonder what SRS of Excel will make of that ..?:rotfl:

pen-y-jen

This thread has been really helpful - thank you everyone:beer:
I have a parking ticket from APCOA issued in December 2012 with the same line "the keeper is required to provide details of the driver". Has the law now changed to mean that the keeper has to do this?

Coupon-mad

Welcome to the MSE parking forum!

However, this 'new law' guff has been covered endless times on this forum. Since 1st October we've been constantly asked about the new law (Protection of Freedoms Act if you want to search for other threads). It has been discussed to death TBH and you could have just searched the forum - but we always reply because it's important that people know that fake PCNs have not suddenly become magically enforceable!

So here's the same old summary yet again, sorry to bore the regulars!! :



The registered keeper doesn't 'have to' do anything at all. These fake PCNs are as unenforceable as they ever were - it's just that these scam firms are now able to aim their threatogams at the registered keeper if they are not informed who the driver was.

Big deal...the keeper can still make paper aeroplanes out of them as we always did, just as shown by Tim Cary, the expert Solicitor in this Watchdog clip!

http://www.youtube.com/watch?v=XAIcdi9niHA


A SUMMARY:

As far as private parking ticket scams are concerned, for a vehicle where you or family are the registered keeper*:

Any fake PCN issued for an incident up until 30th Sept 2012 = IGNORE IT.

Any fake PCN issued for an incident from 1st October 2012 onwards:

- if you were parked in Scotland or NI = IGNORE IT.

- if your 'ticket' is from a firm who are NOT members of the BPA AOS, or are one of five AOS members currently banned from getting data = IGNORE IT.

- if your 'ticket' is from a non-banned by the DVLA!! AOS member in England/Wales, there are 2 choices:

a) IGNORE IT, as ever, playing snap with the threatograms that match our sticky thread 'PPC letter chains' (near the top of this parking forum),

or

b) Appeal it with help from here in how to word it, and insist on a referral to the POPLA appeals service if it's not cancelled. Costs the PPC £32 plus, costs you nothing, it's not binding on you but it is binding on the PPC. If you do not win your appeal then revert to ignore mode.

This option is for those who want to fight back, cost the PPC money and test the POPLA system whilst also getting their PPC's tactics scrutinised; start by reading threads about POPLA. Recent posters have had great success where their case is clearly a very unfair ticket (such as disabled overstay or slight overlap of a white line, etc.) by using email and wording it not as an appeal but a complaint, and copying in the retailer/landowner to that complaint.

Finally, if anyone gets any fake PCN anywhere in the UK in a retail, cinema, fast food or Supermarket car park then even if you choose to ignore the scammers then COMPLAIN IN WRITING to the CEO of the company on site if you were a customer. Do not appeal to them, complain about this protection racket against their paying ex-customers.

HTH





* it is different for hire/lease/company cars as you could find the fake PCN paid for you! Here is a thread about what to do (whether AOS scheme member or not, you need to appeal to hook the PPC in your direction).

The_Slithy_Tove

pen-y-jen wrote: »

I have a parking ticket from APCOA issued in December 2012 with the same line "the keeper is required to provide details of the driver". Has the law now changed to mean that the keeper has to do this?

As Coupon says, they are lying.

There is a lot of misinformation around concerning the Protection of Freedoms Act. This is largely pedalled by the private parking companies in an attempt to add some kind of legitimacy to their charges, not helped by sloppy and lazy journalism which regurgitates what the parking companies say without checking if it's true or not.

Schedule 4 of the Protection of Freedoms Act 2012 introduces the concept of Keeper Liability for private parking charges if the registered keeper fails to divulge who the driver was. That is all.

• It does not make parking charges enforceable (or any more enforceable than they were before, which, on the whole is not enforceable at all)

• It does not require the registered keeper to name the driver on request - there is no obligation. If the keeper fails to name the driver, the "liability" (such as it is) reverts to the keeper (see previous point). If the driver and keeper are the same person, then there is no difference anyway.

• It does not set out any kind of statutory framework for parking charges, they are still based on contract law or trespass, and in that respect nothing has changed

• It does not define the wording that must be used to make parking charge notices "legal", "enforceable" or "valid". The Act sets out wording and points that must be included in order for the parking company to be able to apply keeper liability, but using all the correct words does not make the notice any more legally enforceable than it was before (see point 1)