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APCOA Fine - initially ignored, now threatened with court, what to do?

Tonez_86
Posts: 6 Forumite
Hi
Here is a quick back story of my situation:
The car has a free parking permit to park within certain areas of a hospital, free of charge, all day and night - NOTE: the car was parked in one of these areas.
Back in January, a yellow and black sticky thing was found on the windscreen of the car, with the documents stating a permit hadn't been displayed to park where it had been parked. Under instructions from both my parents they said in the past they've ignored stuff like this and they eventually go away. With this in mind, I went travelling for the last few months, letters kept arriving (including notice to RK) back home which my mum ignored. I got back a couple weeks ago, and this morning in the post a letter comes through saying I have a week to pay the now increased fine (or whatever wording they use) within a week or they will take me to court.
I mentioned this to my friend earlier today and he said that it shouldn't have been ignored (which after reading this site, I now know) and he directed me here. I've had a look through the posts but can't find a situation matching mine - where there has been no contact with the parking company, who are now threatening with court.
My question is, what is best to do at this situation? Has it now gone too far and do I just start preparing a court defense? Or can somehow go back and start an appeal (can I still go for a POPLA appeal?), or something else?
I apologise if a similar situation is covered somewhere, I did search and read through the forums, but my search queries brought up a lot of situations that were different upon a court threaten - contact with the parking company, appeals already made, admitting to driving the vehicle etc.
The parking company is APCOA
The hospital is run by the NHS
I am the Registered Keeper of the car
I don't have the details of the ticket with me as I'm at my friends but will be heading home tomorrow.
Any help would be great. Thanks
PS - i re-read the title and realised it could be misleading, so I apologise, but I don't think I can edit it?
Here is a quick back story of my situation:
The car has a free parking permit to park within certain areas of a hospital, free of charge, all day and night - NOTE: the car was parked in one of these areas.
Back in January, a yellow and black sticky thing was found on the windscreen of the car, with the documents stating a permit hadn't been displayed to park where it had been parked. Under instructions from both my parents they said in the past they've ignored stuff like this and they eventually go away. With this in mind, I went travelling for the last few months, letters kept arriving (including notice to RK) back home which my mum ignored. I got back a couple weeks ago, and this morning in the post a letter comes through saying I have a week to pay the now increased fine (or whatever wording they use) within a week or they will take me to court.
I mentioned this to my friend earlier today and he said that it shouldn't have been ignored (which after reading this site, I now know) and he directed me here. I've had a look through the posts but can't find a situation matching mine - where there has been no contact with the parking company, who are now threatening with court.
My question is, what is best to do at this situation? Has it now gone too far and do I just start preparing a court defense? Or can somehow go back and start an appeal (can I still go for a POPLA appeal?), or something else?
I apologise if a similar situation is covered somewhere, I did search and read through the forums, but my search queries brought up a lot of situations that were different upon a court threaten - contact with the parking company, appeals already made, admitting to driving the vehicle etc.
The parking company is APCOA
The hospital is run by the NHS
I am the Registered Keeper of the car
I don't have the details of the ticket with me as I'm at my friends but will be heading home tomorrow.
Any help would be great. Thanks
PS - i re-read the title and realised it could be misleading, so I apologise, but I don't think I can edit it?
0
Comments
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APCOA won't do court - empty threat!
Who are you receiving your most recent correspondence from - APCOA or Debt Recovery Plus?
Are you a staff member of the hospital? Or, are/were you a patient?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 Street0 -
Good to know they won't do court!
The letter from this morning is from DRP.
I am a volunteer, so I guess technically a staff member? The permit for the car has a code on it which is something like VX which apparently means "volunteer" and allows parking in all "zone 1" areas which it was parked in at the time.
The best thing is, I went to the hospital the other day, and the whole area I was parked in is now being dug over and built on, the whole area has been demolished - I'm not sure how this would effect anything, but in my head I'm thinking it would prove problematic for APCOA to show any evidence that permits needed to be displayed in that area, or even what area it was unless they have some old photos?
I'm not really worried about the situation - I wouldn't have been even if it had gone to court. Just wondering if there's anything I should do to get them off my back, or whether I just ride the wave until they give up now its been 6 months or so?
Thanks0 -
nothing you can do except IGNORE them
post #4 of the NEWBIES sticky thread tells you all about cdebt collectors, and ignoring them
use advanced edit on post #1 to amend the title or the post itself0 -
Two main ways to 'get them off your back'.
1. Complain to the hospital (who 'employ' them) and require them, firmly but politely, to get APCOA to cancel this. Tell them you're a volunteer worker and if they won't help, they can stick your volunteering somewhere they might need emergency surgery to remove!
2. Ride this out - you are beyond any appeals process - it could take 6 - 12 months, but eventually the debt collector letters dry up. You might find that DRP will eventually 'transfer' your case to Zenith, who might appear to be someone fresh on your case. Not so, all part of the smoke and mirrors you are now being subjected to. DRP and Zenith are one and the same!
The one caveat about APCOA not 'doing court', is a bit like a warning on a financial investment 'current (lack of) performance (court) is not a guarantee of future performance'. They do (legally) have up to six years to pursue an alleged debt. But, personally, I'd sleep easy.
Best bet - complain to the hospital.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 Street0 -
Cheers for the advice guys.
I'll ignore the letters - which is what I would have done anyway, but it's my mum who was more worried than anyone else to be honest.
I'll mention it to the hospital too. Their HR department isn't the best to be honest, all staff have issues with stuff relating to parking permits, ID cards and the like, so I won't get my hopes up.
Thanks again for your speedy respsonses0 -
I'll mention it to the hospital too.
Sorry, if you're to get shot of this it's going to need a lot more than 'mentioning it'. Getting them to cancel it will save you for certain up to 12 months of harassing letters, and 6 years for a potential court claim.
The effort needs to go in now, otherwise you'll lose the moment!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 Street0 -
I'm sure you know what I meant.
But yes, by "mentioning it" I do mean I will kick up a fuss with them and get them to do something about it0 -
I'm sure you know what I meant.
But yes, by "mentioning it" I do mean I will kick up a fuss with them and get them to do something about it0 -
Not just with the Hospital, with local papers, radio stations, Facebook, Twitter, LinkedIn, Ministry of Health, Hospital CEO, Uncle Tom Cobley, kick @rse. They cannot claim commercial justification, it is public land, you have a right to be there.You never know how far you can go until you go too far.0
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