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Railway station car park - fine

168101112

Comments

  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Panicking is exactly what they want you to do and pay up, which is exactly what they've got you doing. These are only debt collectors. THEY can't take you to court. Note what they say 'recommend', that isn't 'we will' and do you know why? Because they can't.

    Only the landowner can do this, unless in his contract with the PPC he has specifically given the PPC the right to pursue this to include court proceedings - unless you've seen the contract specifically stating this, why are you assuming that they can. So, despite your panic, you are nowhere near gong to court, let alone getting a CCJ. CCJs only come if you go to court, the court finds against you, costs are awarded against you and you then refuse to pay. CCJs are entirely within your own control.

    So I know none of what's happening to you is pleasant, but panicking is not going to help.

    This is a standard Debt Recovery Plus letter, sent out with the express purpose of causing the kind of reaction that you're displaying. You need to try to act calmly.

    Write to DR+ saying that the debt is denied and that they should refer this back to their client. Tell them not to contact you again as this will be harassment and you will take legal action to restrain them.

    You now need to open dialogue with APCOA and state that you as Registered Keeper have received nothing (as required under PoFA 2012) since the windscreen ticket was placed on your car, other than the DR+ letter.

    Ask why they haven't sent you the Notice to Keeper, and if they assert they have, why have you received no reminder? Tell them that unless you have satisfactory answers you will be reporting this failure on their part to the BPA and the DVLA.

    One question to you Alice - you mentioned earlier in the thread that you could be moving house - has that been the case? If so, pleeeease tell you set up a mail divert? Pleeeease tell me you gave your new address to APCOA and DR+ as advised?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks so much. I am duly reassured. ThoughtAPCOA were cheating by not writing to me first. They probably are but as long as I can follow appeal procedure I don't care! No haven't moved yet but will in 2-3 weeks, which is why I was waiting to hear. Would not move without getting mail forwarded for several months anyway. Thanks again. I'll let you know what happens.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Same as in this case I advised on yesterday on another forum, APCOA really need complaints being logged with the BPA and DVLA:

    http://forums.pepipoo.com/index.php?showtopic=83361

    I am SchoolRunMum on pepipoo and you can use that letter too, as I typed there. Exactly the same as your case.

    And here's how to complain as well to the BPA and DVLA:

    https://forums.moneysavingexpert.com/discussion/4613765

    HTH and NEVER just panic and pay - a firm can't just 'get a CCJ' against you!

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    Same as in this case I advised on yesterday on another forum, APCOA really need complaints being logged with the BPA and DVLA:

    http://forums.pepipoo.com/index.php?showtopic=83361

    I am SchoolRunMum on pepipoo and you can use that letter too, as I typed there. Exactly the same as your case.

    And here's how to complain as well to the BPA and DVLA:

    https://forums.moneysavingexpert.com/discussion/4613765

    HTH and NEVER just panic and pay - a firm can't just 'get a CCJ' against you!

    :)

    Brilliant. I'll try and do this today.
  • Can I just send it by first class post? Or is it best to do registered? Thanks.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    1st class at the post office with (free) proof of posting is fine. It is assumed delivered two days after posting.
  • Thanks. I didn't get proof of posting as just put in post box. I'll will send it again today just to be sure. Might even go "signed for" just so they know I'm on the case.
  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks. I didn't get proof of posting as just put in post box. I'll will send it again today just to be sure. Might even go "signed for" just so they know I'm on the case.

    I'd just do the free proof of posting as some PPCs get a bit nervous of 'signed for' and might just refuse delivery.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks. I have now written to Steve Clark and the DVLA - Elizabeth Symons as recommended, and they have confirmed receipt and are looking into this.:)
  • This is response from AOS:

    We have been in contact with the parking operator regarding your parking charge notice. The operator states a notice to driver was placed on the vehicle at the time of the alleged contravention. When no payment or appeal was received from this, a Notice to Keeper was sent out on the 8th August 2013. Please find attached a copy of the Notice to Owner sent to your address.

    We are unsure why this would not have been received and unfortunately we cannot get involved in investigating why post would not be received. Therefore as there does not appear to be a breach of our Code of Practice we consider the case closed.

    Thank you for bringing this matter to our attention.

    Terrible as I didn't receive the letter!!!!:mad:

    What do I do now? Thanks.
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