Totally confused if I should appeal NTK or do nothing

ExTesco

Hi all. I have read the NEWBIES Sticky and loads of other posts, threads and websites and I am confused to what I should do.

I live in Scotland and recently parked in Aberdeen Airport. I was supposed to pick someone up from a flight but the airline made a mistake and the delay took me over the 10 minute allocated parking. I still had to pay £1 to exit the car park barriers and now I have a Parking Charge Notice for £60 (£30 if paid in 14 days). The PCN came from APCOA, Sheffield, England.

Date of parking 5/3/15, date of PCN 20/3/15, date received by me 25/4/15. (The dates here have been changed but all dates changed by the same amount - APCOA read these posts)

In my calculations that's 15 days (parking to PCN), the NTK has to be issued within 14 days otherwise they miss out on the opportunity to pursue the registered keeper instead of the driver, and are restricted to pursuing the driver only. If I dont tell them the driver they have no-one to pursue. POFA 2012 - Paragraph 9(4) indicates that the Notice to Keeper must be given to the registered keeper not more than 14 days after the car allegedly infringed the car park terms and conditions. Paragraph 9(6) states that “A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted”. If the notice was in fact posted on the 20th I could have received it on 24th, 19 days after the parking date.

There is no mention on the PCN about the POFA and I dont think it applies in Scotland.

The PCN says I can appeal to APCOA in the first instance, and POPLA as a final avenue of recourse. I found that POPLA doesnt apply to Scotland.

Finally the watchdog clip (if it is still relevant) says just ignore them.

So what should I do? Ignore everything or write to them as the RK saying they have missed the 14 day deadline?

Thanks in advance.

pogofish

There is no deadline and no confusion in Scotland.

You simply ignore them completely!

esmerobbo

POFA is irrelevant whether compliant or not. Just file the letters.

Folkiedave

APCOA - Sheffield ? Seems strange that....would you be kind enough to post full PO Box number and post code?

ExTesco

PCN has legal bit at bottom of letter saying registered offices are Wellington House, 4-10 Cowley Road, Uxbridge, Middlesex UB8 2XW. Envelope has return address on back as PO Box 1010, Middlesex UB8 9NT. Appeal address is APCOA Parking, PO Box 222, Lowton Way, Hellaby, Sheffield, S98 1NX

Folkiedave wrote: »

APCOA - Sheffield ? Seems strange that....would you be kind enough to post full PO Box number and post code?

ExTesco

So what is the legal reason for ignoring, the fact that they have no right to persue the RK?

pogofish wrote: »

There is no deadline and no confusion in Scotland.

You simply ignore them completely!

esmerobbo wrote: »

POFA is irrelevant whether compliant or not. Just file the letters.

Redx

correct , POFA 2012 does not apply in scotland, so they can only pursue the driver (if known)

all this is covered in the newbies sticky thread, there is no confusion at all, ignore has been correct in Scotland and Northern Ireland for many years

there can be no confusion over the simple word IGNORE

ExTesco

Thanks to everyone who has replied. I'm filing this in the IGNORE pile!!!

clarkdc

Hi,

I was curious to see how you got on with your ignoring with this charge?

Basically the same happened to my girlfriend when picking me up on 27 OCT 2016 my flight was delayed... In the end the car was 18 minutes in the drop off. Paid our £2 to get out, and issued with the same APCOA PCN for £60 (£30 if paid within 14 days)

I think it's ridiculous. I have also successfully ignored a ParkingEye PCN before, however APCOA is new to me and I'm not sure if things have changed since my ParkingEye PCN. Reading above it would seem not.

Unbelievabley Aberdeen Airport is doing away with the charge now however we missed the cut off last week and will still be charged.

Question is should we ignore still or pay??

Cheers.

Coupon-mad

You're in Scotland where everyone CAN ignore these.

Who on earth would PAY APCOA anyway? Certainly not north of the border where only the driver can be pursued (don't tell them).