Advice requested for how to deal with Parking Charge Notice

fiona_r29

Hello,

I'm looking for advice on how to deal with a parking charge notice.

I parked at Bristol Parkway station and, in a bit of a rush, forgot to pay for a day's parking (£7).

Last night, I saw my old housemate and he gave me a letter that had come through to my old address (I have not lived at this address since February 2015). The letter was headed 'REMINDER LETTER' from FIRST GREAT WESTERN (ANPR), Creditor: APCOA Parking. The date of issue of this notice was 16.05.2016. The parking charge notice was dated 13.04.2016 'for contravention of Use of Private Car Park without making a valid payment'. There are two photos of the licence plates and 2 photos of my car on the road (not in the car park).

This is the only letter that I have received in relation to this matter. Granted I do not see my former housemate very often, hence only just receiving the letter in July. The letter says that I have missed the payment of the discount period and the cost currently stands at £100. I have not received any further letters.

I am not sure why this letter would have gone to my previous address since the vehicle has been registered to my current address since February last year. From reading the threads on here, it seems like APCOA should serve a PCN within 14 days of the offence, but the two dates in the only letter I have received are further apart than that.

I would just like advice on how to handle the matter, since I have received conflicting advice from well meaning people in my office this morning

Many thanks,
Fiona

Coupon-mad

I saw my old housemate and he gave me a letter that had come through to my old address (I have not lived at this address since February 2015).

Firstly then, you need to tell the DVLA your new address (you may have done this for your driving licence only but that's not enough, you also need to update the address of the keeper of any vehicles - as per the V5 'logbook').

Secondly, you are too late to actually appeal but the good news is, APCOA can only potentially hold a driver liable, not a registered keeper. And they've written to the keeper and they do not know who was driving (that's why their letter asks that question!). So what the keeper does, is NOT tell them. Private firms have no law to rely upon which can compel a keeper to say who was driving.

You will probably get debt collector letters so you do need to make sure you get those, to stop them all going to your old address. Not that they mean anything because they are hot air, but you do need to open all letters to check that APCOA haven't suddenly broken their usual habits and decided to try a small claim, which is defendable but can't be ignored, if that happened.

So, write ONCE (only once) and say:



Dear APCOA,

Re: PCN xxxxxxxxxxxx VRN xxx xxxx

I have been passed your letter about an alleged charge, from my previous address. Please note that I have recently moved and my address for service of all letters including any claim papers is as follows:

new address
xxxxxxxxxx
xxxxxxxx

However, I notice that you have sent a non-compliant (non-POFA) Notice to Keeper and this site is also subject to statutory control, being a railway car park. As such, you will be fully aware that APCOA cannot hold a registered keeper liable. Further, I believe that APCOA contracts merely appoint you as contractors, parking agents acting on behalf of your principal, not in your own right. As was found in two court claims in the public domain, which APCOA were forced to withdraw in 2014, you have no right to take legal action in your own name.

If you should try a small claim I will immediately move for a strike-out, as you have no prospects of success in recovering any sum from me.

APCOA are advised to consider this letter a Section 10 notice under the Data Protection Act. Notwithstanding the fact that I have supplied my new address (merely to cover the unlikely event that APCOA believe it has grounds to proceed now with a claim) I require you and your agents to cease processing my data and remove it and the VRN data from all forms of storage in your systems.

For the avoidance of doubt, I decline your invitation to name the driver and prefer to address this matter myself. Any contact now, except for confirmation that this charge is now cancelled, will be harassment and contrary to the DPA principles.

yours faithfully,


(give your name and address, as the registered keeper)

fiona_r29

Thank you for the advice and template reply, I really appreciate your help.

Best regards,
Fiona