We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

HELP!! Apcoa refused appeal when their at fault

Sam1989_2
Sam1989_2 Posts: 1 Newbie
edited 15 July 2014 at 10:15AM in Parking tickets, fines & parking
Long story but help needed.

Parked my car at the train station managed by APCOA. I regularly use the 'apcoa connect' which they highly advertise as cashless parking and if in a hurry jump on the train and pay within 30mins. I often use this system.

Well i parked my car at the station, jumped on the train to London. I tried calling 7 times but every time the phone line went dead. There was no number to call on 'contact us' for train station coverage. I therefore emailed them explaining the situation that their system was down and I wanted to pay my parking. I received and email 6hrs later stating they were aware of the issue and its now been fixed. However when I got back to the car, I had a fine.

I appealed as I had made every effort to pay by phoning over 7 times and had emailed them. However my appeal was refused stating the reason as THERE WAS NOT ANY FAULT RECORDED ON THE DAY AT THE LOCATION. I called the appeals dept and told them they had told me there was a fault and had there email admitting the fault, including the reference number. They didn't give a (text removed by MSE Forum Team) and told me to pay, or appeal to popla.

I appealed the POPLA and sent them mass of evidence, including the email admitting there was a fault, pics of signs stating pay by phone and don't worry if you have no cash etc. The only evidence apcoa sent in where outdated pics of the car parks signs, including some pics that aren't even in the car park! However? they refused my appeal also stating I didn't make an effort to pay as there are pay and display machines. I have no idea how this is right as they have a service so you don't have to use the machines, and advertise park and run for the train and pay later.

I now have a snotty letter stating I must now pay. Any ideas or help is much needed. Due to the job I do, if I go to court and loose, im f*ucked. How can this be right as they admitted the system fault, but are now denying this.

What do I do????

Comments

  • Hot_Bring
    Hot_Bring Posts: 1,596 Forumite
    edited 15 July 2014 at 10:15AM
    Firstly you calm down - all is not lost. What you have learnt is a valuable lesson that POPLA do not accept mitigation.

    Now this is unlikely to go to court - APCOA 'have' done it a few times but rarely do so. I suspect what you really mean by "if I go to court and loose, im (text removed by MSE Forum Team)" is if you get a CCJ rather than just go to small claims court - there is nothing criminal about being taken to small claims court.

    This won't happen anyway. If, and it's a massive if, you went to court and then if, and that is an even bigger if, you lost all you would have to do is pay what the judge says and the whole thing goes away.

    What you now need to do is ignore anything from APCOA - ONLY respond to court papers from Northampton. I'd suggest that I have a better chance of pulling Kelly Brook ( and I'm pig ugly and broke ) than you have of getting court papers.
    "The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    Hot Bring, you can't be that broke...
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Umkomaas
    Umkomaas Posts: 43,782 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Dee140157 wrote: »
    Hot Bring, you can't be that broke...

    Why? Have you seen a photo? :D
    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
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 July 2014 at 12:51AM
    Sam1989 wrote: »
    I appealed the POPLA and sent them mass of evidence, including the email admitting there was a fault, pics of signs stating pay by phone and don't worry if you have no cash etc.
    Oh dear. You know now what was wrong with that POPLA appeal I assume, now you've come here and read the NEWBIES 'sticky thread' at the top of the forum thread list, you will have seen that a mere 6 words would have won it for you:

    'not.a.genuine.pre-estimate.of.loss.' :(

    You missed a trick there. So what? This is APCOA, they are not litigious and the last time we saw them try (once earlier this year) they mucked up spectacularly and had to pay the defendant's costs of over £200!

    http://parking-prankster.blogspot.co.uk/2014/04/apcoa-case-struck-out.html

    They only tried that case as it was 4 PCNs and they were blinded by the money - and pushed by the landowner I think - but had no clue. Relax, keep ALL the letters and the flawed 'evidence pack' they provided to POPLA and file all debt collector letters that follow. Only take seriously a court claim, or a Letter before Claim which is from APCOA themselves or a solicitor (NOT a debt collector threatogram version - all the debt collector drivel can be ignored).

    Before POPLA ever existed under 2 years ago guess what everyone did? They ignored all the letters of course! That's all you've subjected yourself to, by missing out the research on how to win at POPLA you've just lost out on a chance to cancel the stupid letters, that's all. The decision is not binding on you and you DO NOT have to pay and would be daft to do so. Give yourself a *gentle slap* for missing out on the golden ticket of POPLA (sorry to tell you we win 100% of the time and it would have been easy if you'd come here) and move on with your life.

    If ever APCOA break the habit of a lifetime and pursue this next year or whenever (within six years) you will have all the letter filed as evidence (not binned) and you can then get our help to defend it. Won't happen with APCOA though, IMHO, so don't hold your breath.


    :)
    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
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    This is a problem-less problem. APCOA don't do court and even if they change the habits of a lifetime they are not going to start with a case where they are provably in the wrong.

    If it were me and APCOA were being so obnoxious over something that's clearly their own stupid fault I would respond in kind by writing snotty letters back to them, and I'd also be writing to BPA Ltd., DVLA, the train operating company, the local papers and Uncle Tom Cobley and all. But if you prefer you can just file the letters and forget, with the warm glow of satisfaction that comes from knowing they've paid PoPLA £27 and they still aren't getting a penny from you.
    Je suis Charlie.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 15 July 2014 at 8:38AM
    Firstly you calm down - all is not lost. What you have learnt is a valuable lesson that POPLA do not accept mitigation.

    This is NOT mitigation

    This is mitigation

    the act of lessening the force or intensity of something unpleasant, as wrath, pain, grief, or extreme circumstances: Social support is the most ...

    The PPC offered a service whereby you can pay on the train by telephone, Their phone system was not working so he/she could not pay. it is entirely their fault, they have admitted it thusly.

    Popla higher ups need to be informed of this perverse and illogical decision, the OP should not have to go suffer any more nonsense from this company.

    If I was in his position I would ignore, start a paper trail, and perhaps initiate my own action foe harassment.
    You never know how far you can go until you go too far.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Agreed, the OP's grounds for appeal were not mitigation and PoPLA makes a fool of itself by refusing a clearly-valid appeal.
    Je suis Charlie.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    I would write to the PPC saying that you look forward to receiving court papers.

    You have written evidence that you attempted to pay, that they confirmed they received that and admitted a fault in their equipment. They could, at that point, have offered an alternative way to pay (Debit Card, cheque etc which they should have done to mitigate any loss).

    You then have a letter saying that there was no fault which was clearly deceit and a lie.

    Add that you are still willing to pay for the day's parking - but no more.

    If they feel strongly enough about continuing this misguided action, you will see them in court.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    They could, at that point, have offered an alternative way to pay (Debit Card, cheque etc which they should have done to mitigate any loss).

    Or they could have waived the fee entirely.
    You never know how far you can go until you go too far.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.