APCOA Parking Fine - Do I have to tell them who the driver was?

jonnyf87

Hi All


First of all, let me thank you in advance for your help. Can I also apologize if this has been covered in another thread elsewhere. I have looked around and searched as well as I can but I haven't been able to find this particular situation.



So I received a Parking Charge Notice from APCOA parking as the registered keeper of a car that dropped some individuals outside of the parking zone. The car couldn't have been stopped for more than 1 minute and the driver didn't see any signs, it also was 100 yards from the medium stay car park that the driver then went into. The fine was also received 6 weeks after the offence took place. They weren't relying on the POFA 2012, but I believe this means that they can't hold me liable as the keeper of the vechile. So I appealed. So far so good (I believe)



My confusion then arose with there response. First they sent me an email with an attachment I couldn't read. I then chased them and a few days later they then sent me the following letter.


"Please be aware that this notice has not been issued under POFA (Protection of Freedoms Act) 2012 but has been issued in line with BPA guidelines.
DVLA have provided your information to us. Please note as the registered keeper of this vehicle, you are liable for this ticket, unless details of the driver are provided. To perform a transfer of liability please provide the driver/company name and full postal address, once in receipt of these we will be able to transfer the parking charge notice to the driver/company.

Again, we must inform you that failure to provide above request or make payment within 14 days of the date of this letter may result in the outstanding amount being increased, or passed to a third party for the recovery of the full, non-discounted debt. Please note that you will be liable for any additional costs incurred in the collection of this debt via this method."


I presumed, wrongly, this was a rejection and so emailed them again asking for my POPLA code. They told me this correspondance wasn't a rejection but rather said that I was liable if I did not pass the name of the driver onto them within 14 days. Is this correct? Am I under any obligation to provide the details of the driver? Or do I just wait it out and appeal to POPLA should they reject my appeal.


Again sorry if this situation has already been addressed. Thanks for your help.


God Bless
J

waamo

Silence is golden. They are not relying on POFA so can't hold the keeper liable. Therefore they are fishing for the drivers name.

Don't tell them Pike.

beamerguy

It must be the heat with these idiots, they are phishing
for the driver.

WHAT DRIVER ? Nobody knows and least of all them.
KEEP IT THAT WAY.

Don't contact them again, plebbies, wait for your code
and come back here

They cannot be threatening scrubby little debt collectors
until you have passed through the proper appeals process.

ALL ABOUT DEBT COLLECTORS HERE
https://forums.moneysavingexpert.com/discussion/comment/74439905#Comment_74439905

jonnyf87

Thanks everyone.

Umkomaas

Please be aware that this notice has not been issued under POFA (Protection of Freedoms Act) 2012 but has been issued in line with BPA guidelines.
DVLA have provided your information to us. Please note as the registered keeper of this vehicle, you are liable for this ticket, unless details of the driver are provided.

Absolute misrepresentation of the law. If they are not relying on PoFA, then there is no keeper liability.

You must make a serious complaint to the DVLA and ask them to investigate and sanction APCOA for misleading the public in order to enrich themselves.

This has to stop!

ccrt@dvla.gsi.gov.uk

FOI@dvla.gsi.gov.uk

beamerguy

You know, it must be the bosses of APCOA
who are idiots ..... maybe they use tea boys
to send out this rubish

Castle

Umkomaas wrote: »

Absolute misrepresentation of the law. If they are not relying on PoFA, then there is no keeper liability.

Also make a complaint to the BPA as this breaches section 21.10 of the Code:-
http://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf