APCOA / Roxburghe/ Graham White

Totender08

New to this forum but will explain situation

Received PCN for parking over two bays at a station car park (worded as Civil Parking Notice) ignored as most of the advice on here seems to say

Then receive first standard Roxburghe letter which was passed to me by my employer as the RK, as they stated RK details had been obtained from DVLA, no mention in their letter of the Protection of Freedom Act but requested driver details of which with my permission I asked them to confirm to Roxburghe my details.

Received the standard threatening letter stating that under contract law payment is now due immediately and that I had incurred late payment charges of £128.00

Called them a couple of weeks ago and not giving my telephone number, had an hour long debate/ argument/ discussion, words to the effect that I had no intention to pay, they had provided no evidence of the driver parking the vehicle/ getting out of the vehicle although I have not admitted I was the driver on that particular day, nor have I denied it.

I would quite fancy a day in small claims court with them on this, not sure what others view is on this

Then received the next threatening letter saying to date they have received
No payment, appeal, dispute, confirmation if I was the driver, or the name and address of the driver if it was not me
States the 14 days in which to respond otherwise I will receive Graham White solicitors threatogram, interestingly the last paragraph quotes
We are fully aware of anecdotal information being presented via the Internet and on various websites and you may well feel this guidance is worth following. We strongly urge you to seek independent legal advice rather than rely on those opinions.

I have corresponded with them stating that under POF driver details have been provided

Asked them to confirm the appeals process against this parking charge invoice, and to provide a POPLA code if they are unprepared to cancel the notice.

Have stated that following a telephone conversation when they have confirmed no appeal will be accepted after 14 days, although have asked then to point out where this is stated on the APCOA PCN

Asked them to cancel on the basis of this is an unfair charge, and no evidence has been provided (photographic)

Also stated words to the effect that I will counter charge them for any letter i have to send in response to any further letters received.

Before they received the above letter have received the GW solicitors letter

States that their client has instructed us to recover the money owed.

Also states
It is important for you to understand that although you may not have been the driver at the time, in the absence of knowing who was the driver at the time of the unauthorised parking event our client is entitled to pursue this outstanding charge based on the balance of probabilities that you were either driving at the time of the event or you know who was. We would suggest that you seek independent legal advice in this respect.

Goes on to say they MAY be instructed to take legal action in the county court ......blah blah blah

Table of illustrative charges totalling £207.25 which I understand is standard

The last paragraph states

You should also note that if any judgement is registered against you it could seriously affect your chances of obtaining credit in the future, as this information can be made available to any interested parties via the register of judgements, orders and fines and will remain there for 6 years.

I did call them back still refusing to state if I was the driver, but they said this will revert back to the registered keeper if I don't say, can they do this ? Even though under POF the RK has confirmed who the main driver of the vehicle is

I really want to take these idiots on ....... Does anyone have any experience, or advice, certainly don't mind a day in the small claims court as long as I think I have a chance of winning against them

Stroma

No it can't go back to the RK as they know who the driver was, if they do go back to them it would be a serious breach that should be complained to the dvla, bpa and trading standards etc.

Graham White are Roxburghe pretending to be solicitors, their £207.25p threatogram is standard rubbish they sprout, the best course of advice is just ignore them, you will get one or two more letters and end of scam for you.

Totender08

They were arguing that although the RK as in my company stated who the driver was, and I pointed out under POF they had complied.
But I refused to say if I was driving that day, just that I am the primary driver, and that the wife, kids etc could have been driving, but I need evidence to confirm this.

They stated they would send a picture of the vehicle ....that made me laugh, but if I would not tell them who was driving it would revert back to the RK

I just want to goad them into taking me to small claims, if I think I can win

Coupon-mad

Why do you keep ringing them at all? What a waste of phone calls and costs!

If you Google the wording of their letters (the 'anecdotal' sentence in particular) you'll find it posted everywhere, at least once a fortnight on this forum alone!

And surely you are just playing snap with their letters by now seeing as we have them all in the sticky thread aty the top of this forum anyway, the pics have been there for years to show people what letters come next:

http://forums.moneysavingexpert.com/showthread.php?t=2329119

Have a look not just at the APCOA listed letters, but also at other PPCs who use the same letter chain as there are more letters shown under other PPCs.

Honestly you are wasting your time responding and worrying about this. Relax and enjoy Easter and next time you get a GW letter you'll have been expecting it. Nothing else happens. You do need to be certain they are very firmly hooked in your direction though as it would be a disaster if your company was stupid enough to pay up if they get another letter.

Totender08

Response from Roxburghe when I questioned why no appeal against their Civil Parking Notice after 14 days, although this not printed on their PCN or on the Car Park terms and conditions

Thoughts !!!!!!


In terms of appealing, the appeals process is outlined on the PCN. Upon receipt of a PCN, the recipient is able to submit formal representation against the issue of the PCN to the operator, in this instance APCOA Parking (UK) Ltd. You would need to submit any representation within 28 days from date of issue of the PCN. Should your appeal be rejected, you would then receive a letter from the operator confirming the rejection, and giving you a Popla verification code. You would then have a further 28 days from the date of the rejection letter, to submit representation to Popla. Having reviewed the PCN that you sent as an attachment, we would remind you that as a 3rd party business, we do not produce the PCN, and therefore have no input as to its content. Should you have any concerns with regards to the PCN or indeed it’s wording, we would respectfully suggest that you contact the operator that issued such notice.

Coupon-mad

They are right - they are only 'debt collectors' (toothless pen-pushers) - not sure why you are even talking to Roxburghe at all though. This was not 'their' PCN (it's their client's fake PCN) and you would have had the appeal details on that, from the PPC themselves. You are past the POPLA stage now though, you are at 'ignore the rubbish threatograms and laugh at them' stage!

Relax and just play snap with the Roxburghe and Graham White letters. This is really no biggie, EVERYONE gets that computerised letter-chain.

Totender08

It was more the issue that the PCN does not display the timeline for appeals, received no reminder etc from APCOA just the empty threat letters from Roxburghe.

No where does it say you have xx days in which to appeal against the PCN, then when you get the Roxburghe letter saying they have not received an appeal, they then say you are out of the 14 day limit.

Not feeling threatened by them but I just will not let them have the last word. Emailed response today to them refutes any claim they have, and for them to refer this back to APCOA .....

Stroma

I would stop contacting them, it excites them when it appears people are taking them seriously. The best course of action in dealing with roxburghe/graham white is ignore, have the last word on this by your last response, ignore their response.

Totender08

Quite laughable the email responses I have had
Once they have to deviate from the standard threatogram template letters and actually have to respond to questions asked, they seem to get a bit mixed up

Coupon-mad

Totender08 wrote: »

Quite laughable the email responses I have had
Once they have to deviate from the standard threatogram template letters and actually have to respond to questions asked, they seem to get a bit mixed up

As long as this is just an email exchange - so is not costing you any postage or phone call money - then have fun winding them up!

Totender08

They refer to their service agreement so I asked them this ?
Not sure if I will get a reply on this one


A service agreement ? Does this give an entitlement for any lawful right of occupation or possessory rights title on this site, you did not answer my question.