APCOA PCN - "didn't receive my appeal" now passed to Debt Recovery Plus

Phil_7706

Hi all,
First time I've needed to ask a forum question, so bear with me.

On 10 Oct 2013, 'the driver' parked our car at a railway station, bought a day's worth of parking from a pay and display (P&D) machine, put it on the dashboard and then ran to catch a train.

The driver must not have been paying as much attention as they could have as they returned to find an upside down P&D ticket on the dashboard and a PCN stuck to the windscreen. Following advice from google (possibly including posts on this forum) the driver did nothing and the keeper (me) waited for a NtK letter from APCOA. The NtK dated 15/11/13 arrived on/around 20/11/13. Contravention was listed as 01- no valid payment.

I wrote a letter back on 22/11/13 as the keeper appealing the charge on the grounds that I could prove the driver had paid and enclosed a copy of the P&D ticket. I (stupidly) posted the letter in a postbox rather than at a post office, so I did not get proof of postage.

I was expecting, at worst, a denied appeal and a POPLA ref. I heard nothing more until 31/1/14 when I received a letter from Debt Recovery Plus Ltd threatening court action unless I pay £155 by 14/2/14 (£50 more than APCOA asked for in the NtK).

Not being sure where I stood I did some more googling, read some of the newbie threads on this forum, and thought I could sort it. So I phoned APCOA and asked why I'd had no response to my appeal and why the PCN for a car I own had been passed to a debt collection agency. Not a good plan as it turns out; APCOA deny ever receiving my letter and told me I'd need to write to the debt collector. I invoked POPLA and they told me they couldn't send me a reference number as it was too late and I hadn't appealed to them. I said that I had and was again now by phone. Apparently in line with the BPA they do not accept appeals by phone, not the point anyway, and I'd have to speak to the debt collector. It went round in a circle for a while tbh.

Anyway, that's where I am now. Could use some advise please.

Thanks in advance.

Phil

Nodding_Donkey

Have a read of post #4 in this thread https://forums.moneysavingexpert.com/discussion/4816822

Redx

if you did appeal in time and have a copy of it and the ticket you bought, then I would email the BPA and the DVLA and complain as they have broken the BPA CoP (and not for the first time either)

the fact is they dont send you stuff by recorded delivery, neither do they want stuff or appeals by recorded delivery, so they cannot have it both ways

the BPA will investigate and you will probably get a belated POPLA code, or a cancellation

that newbies thread tells you everything you need to know

Phil_7706

Thanks for both of the above, particularly for the quick responses.

Combining the two pieces of advice, I'm going to send the letters from the linked post (one to the debt company "pass this back" and one to APCOA "I've appealed already but here it is again". I'm also going to contact the BPA via their website with the following:

Good Evening,

Following several hours of frustrated research on various online forums I have been prompted to appeal to your association regarding the actions of one of your members.

The member, APCOA, has, I believe, failed to follow your code of practice in relation to a Notice to Keeper letter I have received.

The letter, claiming that my registered vehicle was parked without valid payment in one of the car parks they manage, arrived on 20 November 2013.

I replied on 22 November appealing their claim as I could provide proof (the Pay and Display ticket) that the driver had indeed paid parking on that day.

The NtK notice shows the ticket upside down on the dashboard and the ticket identification number (######) is clearly visible on the reverse.

I enclosed a copy of that Pay and Display ticket (with matching serial to the one shown in their photographs) along with my letter and expected, at worst a rejection and a POPLA reference.

I received nothing until 31 January when a threatening letter from a debt collection agency arrived with a vastly inflated amount requested.

I contacted APCOA by telephone and was told that they had no record of my appeal, that it was now too late to appeal to them, and that I would now have to contact the debt collection company.

I refuted this and asked that they halt any action against me whilst I resent the proof of payment, this offer was refused by an APCOA representative.

I also request that my appeal be granted a POPLA reference but the representative also denied this was possible. He went on to state that he was unable to register an appeal over the phone. He also quoted the BPA code of practice to support his statements.

I am happy to supply, via electronic mail, a copy of my proof of payment on your request.

I believe that I have acted in good faith with your member company and am disgusted by their casual disregard for paying customers.

I await your response with interest.

Sincerely,



Anything else I should be doing at this point, or just waiting for the next letter?

Cheers

Coupon-mad

Don't contact the BPA via their website. Use the email addresses in the sticky thread already linked so it goes to the Ops Manager.