why not just ignore

Mr_Wal

I have been reading for some time now and can see that it is recommended not to just ignore the parking ticket which I received from Apcoa for literally a 3 second drop off. But I just wondered why I shouldn't just ignore it as I know in the passed friends of mine have ignored other parking fines and although they had lots of letters nothing happened?

Whats the best course of action for me?

Mr_Wal

Fruitcake

The law changed in 2012 making the keeper liable. Most parking companies can now get keeper details from the DVLA.

Many parking companies will issue court papers if a parking invoice is ignored.

Making an initial appeal is easier than going to court. Ignoring court papers may result in a CCJ.

Please read the Sticky thread for NEWBIES to fully understand this unregulated scam.

One of the worst offenders in this scam is parking eye. They issue about 30 000 court papers per year. I have no idea if APCOA do court, but it is entirely up to you if you want to gamble.

Umkomaas

Everyone used to ignore ParkingEye because they took no further action. Then they employed an in-house solicitor and now issue 30,000 county court claims per year.

A parking company has six years in which to file a court claim - do you know what APCOA's plans are for the next six years?

Please read the newbies FAQ sticky, located near the top of the forum index, one page back from here. It will start to guide you through what you need to do.

Doing what you need to do now is infinitely less of a problem than having to defend a court case. Kill this off at POPLA and its over and done with; ignore it and you'll be left to wonder just what the postie might put through your letterbox any day between now and 2022!

dazster

Ignoring can be an option, but you need to understand what you are doing and to know when you can ignore and when not.

APCOA is one of the more easily ignored outfits, particularly if this is at an airport, which your mention of "drop off" suggests it might be. So was this an airport?

Mr_Wal

Yes it was at Birmingham Airport. Didnt even realise there was a sign and it confused me as I did see a sign directing me towards a car p[ark for free drop off! I paused the car for 3 seconds whilst my son had just got a job there got out. The shop he works at didn't give us any info about where to drop off and I am left wondering how you are supposed to know when you have to actually stop to read a sign!!

The_Slithy_Tove

Mr_Wal wrote: »

I am left wondering how you are supposed to know when you have to actually stop to read a sign!!

You are now trying to apply logical thinking to the cloud cuckoo land of the private parking companies. Don't bother. You'll only end up with a headache.

(Unfortunately the same lack of logic, frequent moving of the goalposts and utterly inconsistent arguments are what makes court claims from PPCs such a pain to defend - it's like arguing with a small child.)

parkingwoes_2

Mr_Wal wrote: »

I have been reading for some time now and can see that it is recommended not to just ignore the parking ticket which I received from Apcoa for literally a 3 second drop off. But I just wondered why I shouldn't just ignore it as I know in the passed friends of mine have ignored other parking fines and although they had lots of letters nothing happened?

Whats the best course of action for me?

Mr_Wal

I do hope you have decided not to ignore this though?

The RK should appeal on no keeper liability - AFAIK APCOA do not rely on POFA in any case on their charges.
Refuse demands to name the driver.


And whilst others have pointed out six years is a fairly long time to wait and will you keep any change of address uptodate? There is no way of predicting how PPCs will change regarding legal action.

Reading the forum, not so long ago UKPC were deemed one of the 'safer' companies to ignore now they are issuing claims.

Another factor to throw in the mix is with the likes of MIL and their dodgy practices you could end up with a court claim (defendable) that way.

Mr_Wal

I decided to not ignore. especially as another one landed on my door mat a couple of days later!!! So I AM APPEALING THE both of them. My appeal went.

Date


Dear Sirs

Re: PCN No. ....................


I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

1 The NTK is not compliant with POFA 2012 (9.2.e and f) and so no keeper liability exist. Additionally the land is not relevant land as airport bylaws exist
2. No contract could have existed between the driver and yourself or any other party. Case laws establishes a grace period is needed to read any signage and decide to accept terms and conditions. You have not established a grace period elapsed.
3. The signage is not sufficiently visible, frequent or readable to come to the notice of any driver.
4. The charge is an unfair term for a consumer contract and would not have been agreed to in individual negotiations
5. You have not shown you have authority to issue charges

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, and the terms are not readable to drivers before they park, i.e to read them the driver would have to park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

fingers crossed!!!

peter_the_piper

What a pity that the obligatory "Grace Period" of 10 minutes could not be made to apply then it would screw up the charge for drop offs.

Mr_Wal

sorry not sure I understand?

Redx

I do , grace periods in the BPA CoP would stop these spurious claims for 30 second dropoffs or pickups etc, check clause #13 of the BPA CoP if you dont understand (grace periods before and after a time "parked up" , "waiting" , "stopped" etc)

if you assume 5 to 10 minutes before the event and over 10 minutes afterwards, then we would say 15 to 20 minutes "grace time" , so if you stopped for half an hour or more you deserve a ticket

read post #21 here about grace periods

https://forums.moneysavingexpert.com/discussion/5495836

as for why you appeal and put it to bed, its because APCOA always throw the towel in when they see a detailed forum assisted appeal

this one was BRUM

https://forums.moneysavingexpert.com/discussion/5472583

this was Luton I believe (but same or similar popla arguments)

https://forums.moneysavingexpert.com/discussion/5511330

even ready made popla appeals to use in those recent wins by default (apcoa chickened out)

how hard can it be ?