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APCOA PCN for non-payment...despite having paid

deklaser
deklaser Posts: 16 Forumite
edited 3 February 2018 at 4:07PM in Parking tickets, fines & parking
Hi all

I've done a lot of reading of this forum and have a couple of questions about a Parking Charge Notice I have received. I've read the newbie thread but I can't see anything that discusses what to do when the PPC has issued a false claim of non-payment.

I received a Parking Charge Notice alleging that the driver parked at Bristol Parkway station on 17/1/18 without a valid payment. They seem to have got my details from the DVLA and issued this to me as the registered keeper.

Firstly, payment was made for parking that morning for my vehicle via APCOA Connect. I have a screenshot of the confirmation that they issued, with the start time of the parking period and the end time. Both of the photos they have provided of the vehicle are timestamped within the timeframe of the period that was paid for.

I have asked for and received confirmation from the bank that the payment was made on 17/1/18 at about 9:00 (50 minutes before the car entered the car park). They stated in their response that the company took the money the following day. I am wondering if this is the reason for their issuing the notice. Of course I can't be liable for non-payment if payment was made on the 17th but APCOA failed to collect it properly (whilst issuing a confirmation that payment had been successful and providing parking period timeslots).

Further, am I correct in my understanding that the letter I have received is the Notice to Keeper? They talk about not having details of the driver etc. The letter is dated 31/1/18 which is 14 days after the alleged contravention. I received this letter on 2/2/18 which is 16 days after the alleged contravention. When this inevitably goes to POPLA am I right in thinking that their failure to ensure I received the notice within 14 days means I am not liable?

Here is the draft text of my initial appeal to APCOA:

You have issued a parking charge notice alleging 'contravention of use of private car park without a
valid payment/permit; of the car park at Bristol Parkway Station on 17/1/18.
I am the keeper of the vehicle which received this purported parking charge. There will be no
admissions as to who was driving and no assumptions can be drawn.
As the registered keeper, I am appealing this notice on the grounds that a valid payment for the
vehicle absolutely WAS made.
A valid payment for a day's parking for the vehicle XXXX XXX was made on 17/1/18 via your APCOA
Connect website. Your own confirmation stated that this payment was successful and covered the period 17/1/18 09:09 through 18/1/18 09:09.
Your 'evidence':
-Shows the vehicle entering the car park at 09:57, a full 48 minutes after the commencement
of the paid-for parking period
-Shows the vehicle leaving the car park at 16:46, a full 16 hours before the end of the paid-for
parking period
I enclose proof of valid payment, the screenshot of the confirmation page of your website which
states that payment was successful for parking during the period.
Your allegation is false and utterly without merit. I demand that you cancel the charge notice and
withdraw your allegation immediately. If you fail to do so, you will issue me with a POPLA code.
I have made a formal complaint to GWR about your behaviour.


Any assistance or comments on that would be welcome. Thanks!

PS For any newbies suffering the same issue as me in not being able to post a new thread - I was able to do so by following the link in one of the posts below the main one in the Newbie thread.
«134

Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    dont bother , just send the basic template (in the newbies) and await a POPLa code

    APcoa , wont even read your letter , a simple computer will go "denied"

    at POPLa

    1: ticket failed to meet POFa

    2: you have proof of payment *



    * it will say "payment must be PAID" bla bla bla by X hrs , you did , they cocked up not taking it
    Save a Rachael

    buy a share in crapita
  • deklaser
    deklaser Posts: 16 Forumite
    pappa_golf wrote: »
    dont bother , just send the basic template (in the newbies) and await a POPLa code

    APcoa , wont even read your letter , a simple computer will go "denied"

    at POPLa

    1: ticket failed to meet POFa

    2: you have proof of payment *



    * it will say "payment must be PAID" bla bla bla by X hrs , you did , they cocked up not taking it
    Thanks. I've cribbed bits from the template. But the template mostly talks about signage and stuff which isn't relevant in this case. If they're going to ignore whatever I tell them anyway won't it help my POPLA appeal to have been clear in the initial appeal?
  • Quentin
    Quentin Posts: 40,405 Forumite
    The template appeal has been designed to ensure if it is rejected you do get a POPLA code
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is totally unreasonable, listen to what MPs said about this scam in the HoC yesterday. Complain to your MP now.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    Every complaint is another nail in the coffin.
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    deklaser wrote: »
    If they're going to ignore whatever I tell them anyway won't it help my POPLA appeal to have been clear in the initial appeal?
    No it won't.
  • deklaser
    deklaser Posts: 16 Forumite
    Quentin wrote: »
    The template appeal has been designed to ensure if it is rejected you do get a POPLA code
    No it won't.

    Is requesting the POPLA code in my letter not enough? Or is there some legalistic reason to mention signage even if its irrelevant that I'm not understanding? Just trying to understand why exactly the template says what it does.
    This is totally unreasonable, listen to what MPs said about this scam in the HoC yesterday. Complain to your MP now.

    Every complaint is another nail in the coffin.

    My MP actually spoke in that debate it seems. I have sent him a complaint.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    you should not HAVE to request a POPLa code

    cancel charge or issue code , as per BPA rulings


    My MP actually spoke in that debate it seems. I have sent him a complaint.



    had it have been my MP I would have sent him a thank you

    its available to watch online if you wish
    Save a Rachael

    buy a share in crapita
  • Quentin
    Quentin Posts: 40,405 Forumite
    You are overthinking.

    The template is a means to getting a popla code and letting the PPC know you have found this forum and will be contesting throughout!
  • deklaser
    deklaser Posts: 16 Forumite
    Quentin wrote: »
    You are overthinking.

    The template is a means to getting a popla code and letting the PPC know you have found this forum and will be contesting throughout!

    So it won't count against me in the POPLA appeal if the initial appeal I sent to APCOA cited an argument that I didn't then use at POPLA? Essentially I can issue the template letter purely to get a POPLA code and then use my arguments / evidence there?
  • Quentin
    Quentin Posts: 40,405 Forumite
    You have been advised this in 5 separate posts
This discussion has been closed.
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