Private parking 'fine' APS Ltd

PocketMolly

Yesterday, I went to St Anne's Pier in St Anne's on Sea. I went with my toddler and on parking, I got distracted and it never occurred to me to pay for the car park. I know it sounds lame, but it was a genuine mistake as you don't pay for parking on the Promenade. I was in the arcade for 17 minutes and whilst talking to another family, they mentioned that there was an overzealous parking attendant and to ensure we had a ticket. I ran out of the arcade and found a 'Parking Charge Notice' on the windscreen with a handwritten 'fine' for £100 reduced to £60 if I pay within 14 days.


In my case, I was at fault but it was a genuine mistake. The signs are not that visible and the main sign is next to a small red ticket machine (that looks like a postbox) and under a canopy which somewhat disguises it, but with hindsight, the signs seem to make the terms and conditions clear. We watched the movements of the car park attendant once we had identified him and he stands behind a post (seriously!) and pounces when he identifies a victim. He is dressed all in black and so very inconspicuous.


Having seen a post from zoeisababe, I have looked at Tripadvisor, and sure enough, since around September last year, there have been numerous posts stating that they have received parking tickets, so I am not the only one to make the mistake. It seems that before September 2014, there were no posts about this issue, so obviously this is a new venture.


I have no objection to paying a small penalty, commensurate to the 'crime' I have committed, but I feel £60/ £100 is exorbitant. The local authority only charge £30/ £60. I also feel that if there is an attendant present, surely his prime duty should be to advise drivers that it is a 'pay and display' car park and point them to the machines, not catch them out.


Where would you advise I go next? Should I write to the company (APS Ltd) or the pier company and admit fault, apologise and hope they show some compassion or start an appeal (with limited chance of winning). Or should I start a campaign with the local press as too many people are getting caught out which could affect the future of the pier if people get put off coming?


Thank you for any help.

neil.net

Your first need to appeal to the parking company using the process they should specify, the normal advice here to wait until you receive the notice to keeper (NTK) through the post. The NEWBIES threads cover the point to raise, format, do's and don'ts etc.


The parking company will likely reject this appeal, you'll then need to appeal to the Independent Appeals Service (IAS), the parking company should give details of how to do this with their rejection letter. Again, advice in the NEWBIES threads.


You should of course contact the pier company, as zoeisababe did, as this may go in your favour.

PocketMolly

Thank you for your kind reply, Neil. I just have a couple of questions.

1) If I wait for the NTK to come through, won't I be past the 14 days grace period for the reduced fine?
2) If I write to the landowner, am I not admitting liability which could go against me in an appeal? Also, he may have intervened in Zoe's case, but he is surely not going to want to set a precedent after all the negative Tripadvisor reviews?

Grimble

This is not a FINE, it is a speculative invoice.

enfield_freddy

looks like APS is in the BPA.


look at the BPA page http://www.britishparking.co.uk/approved-operators


looks like the link APS ltd website is down http://www.allparkingservicesukltd.com/default.html


however you can see the fool in action here http://www.allparkingservicesukltd.com/




unless I am completely wrong on the companies name

neil.net

PocketMolly wrote: »

Thank you for your kind reply, Neil. I just have a couple of questions.

1) If I wait for the NTK to come through, won't I be past the 14 days grace period for the reduced fine?

You're correct, generally the keeper has stronger grounds but you'll need to consider this versus the risk of a higher charge if all appeal fail.

2) If I write to the landowner, am I not admitting liability which could go against me in an appeal? Also, he may have intervened in Zoe's case, but he is surely not going to want to set a precedent after all the negative Tripadvisor reviews?

You might admit the car was parked, that doesn't mean you accept liability for the charge. In your appeal you'll have to state the facts, so just do so in any contact with the landowner and refute etc. There is a possibility that the parking company might try to use it against you, but that doesn't meant it will work for them, also weigh this up against the chances of the pier owners cancelling the charge. As for the precedent, they may want to negate some of the bad publicity from TripAdvisor.

PocketMolly

Grimble: I agree, however, it seems that these speculative invoices have to be paid!

Enfield Freddy: yes, you have the correct company and the fact that they are part of the BPA means that they have probably 'technically' performed correctly and 'technically' provided the correct signage. I just don't know how something that can be a genuine mistake, seemingly made by many people (as per Tripadvisor which is not in any way a full representation of the number of people 'invoiced' by APS) can result in such a heavy penalty.

vrbarreto

Also aren't they under some sort of obligation to mitigate their own losses so if the parking attendant saw you not pay and leave, they would have been expected to call out and let you know? Anyway if they're a member of the BPA you can destroy them at POPLA using the GPEOL argument and cost THEM £27 at the same time

hoohoo

vrbarreto wrote: »

Also aren't they under some sort of obligation to mitigate their own losses so if the parking attendant saw you not pay and leave, they would have been expected to call out and let you know? Anyway if they're a member of the BPA you can destroy them at POPLA using the GPEOL argument and cost THEM £27 at the same time

This is old advice and the situation on GPEOL is no longer clear.

vrbarreto

hoohoo wrote: »

This is old advice and the situation on GPEOL is no longer clear.

I do think the requirement to mitigate loss is unaffected by Beavis

http://www.drukker.co.uk/publications/reference/mitigation-loss/#.VUihOC5t-NA

Also the BPA code of conduct states this in a round about way

http://www.britishparking.co.uk/write/bpa_code_of_practice_2012_version_1_october_2012.pdf

(which is a very specific case and deals with the judge saying that that the ticket was justified as the store needed to churn through customers to keep trading.. Also Parking Eye paid the landholder for the 'right' to police the car park)

Hot_Bring

PocketMolly wrote: »

Grimble: I agree, however, it seems that these speculative invoices have to be paid!

Enfield Freddy: yes, you have the correct company and the fact that they are part of the BPA means that they have probably 'technically' performed correctly and 'technically' provided the correct signage. I just don't know how something that can be a genuine mistake, seemingly made by many people (as per Tripadvisor which is not in any way a full representation of the number of people 'invoiced' by APS) can result in such a heavy penalty.

Offer the landowner the cost of what you should have paid - you have his contact details in Zoe's thread.