APCOA PCN for Lease Car

Speedy_Bass

Hi,
I've spent some time going through the very fine sources of knowledge in this forum and would appreciate guidance on my particular situation.

I've received an emailed parking charge notice from my lease company today showing an 'alleged contravention' at my local railway station car park on 24/8/18; the notice is issued by APCOA.

Based on my reading in this forum, there appear to be a number of problems here so I called my lease company to discuss the situation.

• They appeared to be unaware of the PoFA that is mentioned many times in these threads
• There's another party involved, the car is actually owned by a separate company
• The parking notice is dated 24/10/18, nearly 2 months after the alleged incident
• My lease company has no intention of giving my details to APCOA for them to issue a notice to me as that's 'not their process'
• The car owner has actually already paid the parking notice and I've been told I have to challenge the fee with APCOA myself for a refund

None of this seems to match the advice on how these things are supposed to progress so, I'd appreciate your thoughts on my best course of action.

Thanks.

Redx

if somebody else has paid the fee they have denied you the lessee the chance to appeal, meaning they are at fault

POFA2012 is 6 years old so ignorance of the law is no excuse, more fool them

you are the lessee/hirer/keeper , the actual keeper on the V5C should have told APCOA who the lessee/hirer/day to day keeper is and should have followed POFA2012

the fact that their procedures are 6 years out of date is not your problem

it would have been your problem when APCOA sent you the NTH in the post, which hasnt been done

for clarity, this was a Parking Charge Notice, or PCN , or INVOICE

they paid the invoice as RK or as OWNER, not your problem

this was neither a PENALTY or a FINE, so the t & c,s probably dont cover this Parking Charge Notice, only a penalty or a fine

this may seem pedantic, but the laws do require clarity and pedantry

in future, I suggest this lease company follow the laws of the land like POFA2012 and also the BVRLA guidelines too

its been paid by the owner or registered keeper, so you as keeper cannot challenge it

by the way, this assumes this was in england and wales, as POFA does not apply in N.I. or Scotland


ps:- just realised this was a railway station incident, where bylaws apply, so POFA2012 does not apply and the owner can be written to and can be held responsible, if the TOC (not apcoa) took it to MAGS COURT within 6 months, so the plot thickens


either way, they had the chance to divert APCOA towards the hirer/lessee, but if they chose to pay it, its their loss. they need to learn to do their job properly and do their own research and amend their systems as new laws come into force (or are they still taking horse and carts to court for c***** on the road ? , lol)


if we can do it as unpaid volunteers in our spare time, a big company should have no problem

Coupon-mad

My lease company has no intention of giving my details to APCOA for them to issue a notice to me as that's 'not their process'

It should be, so report them to the BVRLA.

The car owner has actually already paid the parking notice and I've been told I have to challenge the fee with APCOA myself for a refund

May as well try but not sure if APCOA consider appeals after a clueless numpty has paid them. Try the usual appeal to APCOA as hirer/lessee (from the NEWBIES thread).

Clueless numpty car owner is out of pocket then, no reason for you to pay for their silly error.

Speedy_Bass

Many thanks for this, just a few more questions if you don't mind:
Bye laws apply - what does this actually mean in practice? Is there a list of applicable bye laws similar to the POFA?
I've got an invoice from my lease company (plus the dreaded 'admin fee' for fines), is there a template response I can send to them?
What does TOC stand for?

KeithP

Speedy_Bass wrote: »

I've got an invoice from my lease company (plus the dreaded 'admin fee' for fines)...

Redx was trying to tell you never use the word 'fine' or 'fines'.

This really is important because in all probability the lease co's T&Cs do allow them to change an admin fee for fines, but make no mention of an admin fee being charged for private parking company's invoices.

You need to read your lease agreement to clarify the position on this.


TOC = Train Operating Company.

Speedy_Bass

I should have made it clear that was a direct quote from the lease company on their invoice, not my words. I've already made a start on that subject by asking the lease company to point out the clause in the Ts and Cs that allow them to charge an admin fee for an invoice that shouldn't have been paid in the first place.