Parking Charge Notice APOCA

Kaiser77

Hi,
My daughter has parked on a car park run by APOCA at Manchester Victoria a few times and paid using the PayByPhone app. We have received 3 PCN's from APOCA in the last 2 days and couldn't understand why as she had the text messages confirming she had paid for the parking.

I looked into this myself and discovered APOCA have their own app for parking payments so the payments she made using the PayByPhone app did not go to APOCA.

My daughter has only been driving since Christmas and has made an honest mistake using the same app she uses to park in Bury when at college and other parking areas in Manchester centre use this app for payment. She entered the location number displayed in the car park and received the text messages confirming the parking payment, you would have thought if the location number was not valid for that app you would have received a message stating this.

Would anyone reading this be able to offer any advise? I was considering writing to APOCA to explain the situation and offering to pay the parking fee plus the cost of sending the letters. I think £85 for each time (x3) they are now asking for is extremely excessive.

Any advise would be gratefully received. Thanks.

Redx

its APCOA, not what you said

bylaws apply so the keeper should appeal as KEEPER following the advice in the newbies sticky thread and using the template appeal

do not reveal who was driving

forget "explaining" , it wont wash

stick to the legal arguments a keeper uses for appeals, especially as bylaws apply

read other APCOA VICTORIA threads over the last 18 months to see why, and do as they did

Kaiser77

Thanks for the response. So just 2 things I ask now.

1. Do I have to send 3 appeal templates for the 3 different charges or just 1 appeal template letter with 3 notice reference numbers?

2. Is this the template I need to use from the Newbies thread?

Dear Sir/Madam,

Re PCN number:

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. I am not liable and 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 are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,

Redx

send them as separate appeals, as each will have a different number

if posting , they can all go in one envelope with a free certificate of posting from the P.O. counter

ideally appeal each one separately, online , as keeper

do NOT infer who was driving, to anyone , even if they ask

yes use that template appeal, its what its there for

Kaiser77

I really appreciate the advise.

APCOA do not have an email route on the letter, just a postal address to appeal.

I will use the template to do 3 appeals with the 3 different reference numbers and send in the same envelope as per your advise. I guess too that you suggest just sending by first class with proof of postage and not recorded delivery.

Thanks again Redx, I will update you when I get a response, fingers crossed for the moment.

Coupon-mad

OK if they only offer post, send ONE letter with all 3 PCN numbers on it, signed by the keeper of the car. Or 3 letters, in one envelope; this bunch are not worth 3 stamps.

I guess too that you suggest just sending by first class with proof of postage and not recorded delivery.

Yep.

APCOA at a station, CANNOT hold the keeper liable, so this is 100% win if she plays it by the letter, as we suggest (assuming she is the registered keeper). We've never lost at POPLA v this bunch; they are likely to give up once they see 3 x decent POPLA appeals later!

Redx

do not send as "SIGNED FOR"

post in one envelope

as mentioned above, the KEEPER is not liable in law for these pcn,s , so it is the best option, despite you or the keeper wanting to "have your say" and try to outfox them or bamboozle them with facts

just follow our advice and the keeper will not be held liable and they have no idea who the driver was if they are not told by blabbing

our method is the best method , even if you fail to understand why

Kaiser77

Read and understood, really appreciate it.

As I bought the car and I am responsible for everything like tax, MOT insurance etc should I make the appeal in my name as the "keeper" or in the registered keepers details?

Redx

in post #1 you said "we received"

yet only one person was named on those pcn,s and that will be the person whose name is on the V5C with the DVLA (so no royal we)

that same person appeals as "keeper"

Kaiser77

Thanks Redx, I will get them posted tomorrow and update you when I get a response.

Again, the response's and advice is really appreciated.

Kaiser77

Hi to all, update to this thread.

I have now received what looks like 3 standard letters from APCOA explaining that the appeals have been unsuccessful. 2 of the letters have the pictures of the vehicle and the third has the vehicle pictures and pictures of the terms and condition sign and the payment machine with the sign of prices etc (these pictures are not dated)

The letters do contain the POPLA verification reference numbers. Any advice on my next step would be appreciated. I could upload pictures of the letters if needed with private info redacted if I am permitted to do so.

Thanks in advance to all who have any advice to offer.