APCOA Railway Parking Fine

pb198-

I have read the newbie thread and understand the process I need to follow but wanted to check a few things.

I park at the station most weeks for at least one day. Yesterday I forgot to pay for parking (which i normally do by phone). When I finally remembered (at 15.00), I immediately paid and also emailed APCOA through their website and explained my mistake.

My questions: -

Is the fact I emailed them about forgeetting the ticket a problem. I did this before knowing the correct process and before I knew i had a ticket. Will this hamper my appeal? They have my name, phone number and email address (by my wife is the registered keeper).

Will the fact that I paid for a part day help my case? They haven't taken the payment from my bank account yet it does show on my APCOA account.

Does the fact I have an APCOA account effect things? They have my details - phone and email but not address. Is this a problem?

Any advice would be great. Happy to provide more detail if needed.

trisontana

I should not call it a "fine", Its a parking charge notice.

Guys_Dad

Edit your post and remove your car registration.

Search the forum for APCOA in the subject and learn from current archives whilst waiting for specific comments.

Coupon-mad

questions: -

Is the fact I emailed them about forgeetting the ticket a problem. I did this before knowing the correct process and before I knew i had a ticket. Will this hamper my appeal? They have my name, phone number and email address (by my wife is the registered keeper).

No it won't stop you winning but wasn't the best thing to do! But you didn't give a postal address so your wife should simply wait for the NTK in the post shortly (this month) then follow the Newbies thread.

Will the fact that I paid for a part day help my case? They haven't taken the payment from my bank account yet it does show on my APCOA account.

Nope 'the story of what happened/payment being partly made' doesn't matter - but you will win on other grounds at POPLA.

Does the fact I have an APCOA account effect things? They have my details - phone and email but not address. Is this a problem?

Not at all. It will be your wife's appeal and she will win (but you can submit it all if you prefer to be the one doing the two appeals needed - only of course with HER NAME at the bottom).

mrjames_2

Sorry I can't help the OP but one question thats pop in to my mine, with the circumstances mentioned: If this case(or one similar) ever went to court, what would a judge say about it? Given that the OP has made what sounds like a genuine error, then made effort to remedy the error and make full payment, but has been denied by the PPC?

Would contract law mean that it doesn't matter, or would the judge ask why the PPC is asking for an extortionate sum and bothering the court, when the OP had offered to make good a genuine error?

-m

Guys_Dad

mrjames wrote: »

Sorry I can't help the OP but one question thats pop in to my mine, with the circumstances mentioned: If this case(or one similar) ever went to court, what would a judge say about it? Given that the OP has made what sounds like a genuine error, then made effort to remedy the error and make full payment, but has been denied by the PPC?

Would contract law mean that it doesn't matter, or would the judge ask why the PPC is asking for an extortionate sum and bothering the court, when the OP had offered to make good a genuine error?

-m

"The judge" ? We have experience of many different interpretations of the law from different judges that this question would be impossible to answer until judges are created in the same way as Dolly the Sheep, I am afraid.

Coupon-mad

mrjames wrote: »

Sorry I can't help the OP but one question thats pop in to my mine, with the circumstances mentioned: If this case(or one similar) ever went to court, what would a judge say about it? Given that the OP has made what sounds like a genuine error, then made effort to remedy the error and make full payment, but has been denied by the PPC?

Would contract law mean that it doesn't matter, or would the judge ask why the PPC is asking for an extortionate sum and bothering the court, when the OP had offered to make good a genuine error?

As GD implied, small claims court up and down the Country is a lottery and the Judges are sometimes very switched on and sometimes hopeless and seemingly unfair to the ordinary defendant. And no-one should defend a small claim just based on mitigation, it should also be argued on facts of contract law such as why the ticket isn't enforceable - e.g. why there is no liability for the keeper on railway land due to byelaws taking precedence, etc.

Luckily APCOA don't do court (they had to pay costs to the last person we know they attempted a small claim against, in an ill-fated foray towards court last year, re a hospital car park!). They are also very easy to beat at POPLA especially when it is the registered keeper doing the appealing without giving the name and postal address of the driver.