APOCA fine(s)

hellsbells79

I received a PCN from APCOA last week for a local station. My now ex-partner used to pay the parking as he would cycle to the station, I'd drive and would always be pushed for time so we agreed he'd pay each day. We split at the start of December and he, quite rightly, stopped paying but didn't tell me and I wasn't really thinking about parking fees etc at the time as it was all very sudden.

I appealed to APCOA and had huge concerns about other fines I'd receive and offered to pay the £7+ daily charges for any they could identify hadn't been paid. Today I've received a rejection as well as 5 other notices! They're a minimum £50 a piece which is just horrendous in my situation now.

I know it's my responsibility to pay but, should I?? Should I appeal POPLA and risk losing then paying £100 per PCN?? The notices are up to and including mid December so there's a chance more will come as I only realised they weren't being paid when I received the first one on Monday.

Thoughts??

Fruitcake

Read the NEWBIES thread then appeal to PoPLA.

It is likely that byelaws apply to the car park so only the vehicle owner (not the driver or the keeper) can be held liable. This means even if you have give away the driver's details, you are still not liable.

Only the train operating company can issues papers to the magistrates court, and only within 6 months, and only for trespass. The parking company can do none of this, so your aim is to drag this out past six months when it will become stature barred.

Coupon-mad

Today I've received a rejection

Seeing as we have never lost v APCOA and there are template appeal points for POPLA stage in post #3 of the NEWBIES thread, I am sure you are unworried: ''risk losing'' indeed!

Show us your POPLA appeal based on the templates. I really hope the appellant didn't go on about who was driving/who parked.

as well as 5 other notices!

And this time, appeal them PROPERLY using the template in post #1 of the NEWBIES thread for registered keepers (don't go saying who was driving...).

Handbags-at-dawn

The consensus on Pepipoo is that PPCs can bring private prosecutions if they want to -
See
/forums.pepipoo.com/index.php?showtopic=106604&st=0[/url]

Specially posts 3 and 14

If the link doesn't work, the thread is entitled Power to bring private prosecutions, and it's in the Flamepit

fisherjim

You mean this one:

http://forums.pepipoo.com/index.php?showtopic=106604

Umkomaas

Handbags-at-dawn wrote: »

The consensus on Pepipoo is that PPCs can bring private prosecutions if they want to -
See
/forums.pepipoo.com/index.php?showtopic=106604&st=0[/url]

Specially posts 3 and 14

If the link doesn't work, the thread is entitled Power to bring private prosecutions, and it's in the Flamepit

I'm sure that's cheered up the OP!

The reality is that a prosecution would have to be via the Mags court and any penalty imposed would go to the Exchequer. On top of that they would need to get their heads around how to undertake dealing with the Mags court - they've only ventured once into the small claims court - so they'd no doubt need to hire costly legals to carry out the work for them. And should they lose, they risk blowing their entire business model at railway car parks and probably at airports. Where's the incentive for all of that?

Why do you think TOCs no longer get involved in prosecutions, rather handing car parks over to PPCs to chance their arm at conning the public that they're pursuing byelaw contraventions, while at the same time trying a contractual charge?

The debate over on PePiPoo IMHO is nothing more than a general bumping of gums on a slow news day. It's just not going to happen!