Unpaid Parking Charge Notice - APCOA

SazM030306

Back in April I parked in Wilkinson's car park and had a ticket on the screen when I got back.
When I parked, the car on the left was over the line into the spare space. The car on the right was inside the bay. I parked in the space inbetween, which was perfectly big enough for a car, yet was slightly over the line on the right.
I ignored the 'fine' which I think was £15! The letter tells me they went to DVLA for the keeper details (my husband) and it has increased to £55

My question is, should I keep ignoring it, or do I need to do something?! I really don't want to pay them £55!
Thanks x

bazster

How long ago did your husband receive the Notice to Keeper?

Is it exclusively Wilkinson's car park or are there other businesses on the same site?

P.S. panic ye not, you will not be paying this!

SazM030306

Today! (Well I did, he doesn't yet know...)
Yes just Wilkos.
Thank you!

bazster

Right, the timings prescribed by the Protection of Freedoms Act are thus:

Where a Notice to Driver has been given (i.e. stuck on your car), they have to allow a further 28 days for the driver to respond. So, if the event was on 30th April (you said it was in April, so 30th is the worst-case), this takes us to 28th May.

They then have a further 28 days (including an allowance of two working days for postage) to deliver the Notice to Keeper. This takes us to 25th June.

So it looks like they might be out of time on this. What is the date of issue on the Notice to Keeper? And what's the date on the postmark? If either of them is later than 21st June then they are stuffed (well they are stuffed anyway, but the dates would be an easy win). Of course, if the event was earlier than 30th April, you can adjust my calculations accordingly and they are even more clearly stuffed!

If you can clarify this dates situation, then the next step can be advised (but you're not going to pay this either way).

Also, at some point, you need to be complaining to Wilkos in the strongest possible terms. They might get the ticket cancelled for you, but they at least need to know that they have a deeply dischuffed ex-customer.

SazM030306

Wow! Excellent thank you!
The date they stuck it on the car was 19th April. The letter came through the door 28th June (I'll check the post date later, don't have it on me right now) Looks like they're stuffed then!
Looking forward to the next step

Coupon-mad

You can send a complaint to the PPC which may make them cancel it, if not they have to give you a POPLA code. And a complaint to the DVLA as well is important as this isn't on.

As per this advice from Broadsword on pepipoo who has clout with the DVLA and knows what he is talking about:

http://forums.pepipoo.com/index.php?showtopic=80531


HTH

bazster

OK, check those dates, but unless the postie has been ridiculously tardy they would seem to be royally shafted. So you can write to them (in your hubby's name as registered keeper) along the lines that, as keeper of the vehicle, you reject all liability for this charge because the Notice to Keeper is invalid having been sent/received outwith the timescales prescribed in the Protection of Freedoms Act 2012. They should now cancel the charge, or send you a POPLA code so you can appeal it further. You will enter into no further correspondence, and will deem your challenge to be accepted if their reply does not contain a POPLA code.

Don't mention anything else, and above all don't mention who was driving the car. Don't worry about getting your hubby to sign it, he(!) can merely print his name at the bottom.

If they reject your challenge then come back here to get ammunition for your POPLA appeal. And in the interests of helping others in a similar situation, please consider C.M.'s suggestion about complaining to DVLA about APCOA'a failure to comply with the POFA. There has been a number of cases where the DVLA has suspended a parking company from accessing registered keeper details, which effectively puts them out of business for the duration of the suspension.

SazM030306

Yep, the date on the letter is the 27th June!
I'm on it. Thank you both x

bazster

You are very, very welcome.

SazM030306

How about this?

04/07/2013

APCOA Parking (UK) Ltd

Re: Unpaid Parking Charge Notice: *******
Vehicle Registration Number: *******

As keeper of the above vehicle, I reject all liability for this charge because the Notice to Keeper is invalid having been sent/received out with the timescales prescribed in the Protection of Freedoms Act 2012.
I request that you now cancel the charge, or send a POPLA code so that I can appeal it further.
I will enter into no further correspondence, and will deem your challenge to be accepted if your reply does not contain a POPLA code.

Yours Faithfully

bazster

SazM030306 wrote: »

How about this?

04/07/2013

APCOA Parking (UK) Ltd

Re: Unpaid Parking Charge Notice: *******
Vehicle Registration Number: *******

As keeper of the above vehicle, I reject all liability for this charge because the Notice to Keeper is invalid having been sent/received out with the timescales prescribed in the Protection of Freedoms Act 2012.
I request that you now cancel the charge, or send a POPLA code so that I can appeal it further.
I will enter into no further correspondence, and will deem your challenge to be accepted if your reply does not contain a POPLA code.

Yours Faithfully

Yep, perfect - except I thing "outwith" is all one word?