Charging the Chargers

SeanTheBlade

I recently used the APCOA pay and display car park at Scarborough rail station. I paid my £4.20 daily fee, and posted the ticket in the driver's door window.
On my return I found a 'Penalty Charge Notice' affixed to my windscreen, informing me that I was either not displaying a ticket, or it wasn't clearly displayed. I took photographs and have subsequently submitted a dispute, the outcome of which I am awaiting.
My question is this, firstly, APCOA have now cost me almost three hours of my time resolving their error, am I within my rights to charge them an hourly rate for my services? Secondly, is it worth reporting them to the Police for an attempted deception, cont to sect 15 and 18 of the theft act 1968? They are, indeed trying to levy, incorrectly a fee by means of a false invoice (the PCN). Now it may be argued that they feel they had every right to make that levy, however, if their operative was RECKLESS in issuing that ticket, they have committed an offence, further, as is apparent, if their operative has taken photographs of my vehicle, deliberately excluding the displayed ticket, surely that is a deliberate act. Additionally, if this is a criminal act, then the operative is going equppied to steal, and the employer, ACPOA, is complicit in this offence as well.
So far I have invoiced APCOA £360 for my time (My solicitor charges this per hour, so I think they're getting a bargain).
Thoughts please...

waamo

Forget charging them. It has no legs at all.

Does the notice really say "penalty" or are you misreading it?

SeanTheBlade

Error on my part Waamo, it is indeed PARKING Charge Notice...

beamerguy

So far I have invoiced APCOA £360 for my time (My solicitor charges this per hour, so I think they're getting a bargain).
Thoughts please..

Well they won't pay

But, if they try to go further, you can use it to counter claim.

They and you cannot predict what a judge would say

Stale mate I think, maybe even check mate

SeanTheBlade

I should really have also included that the ticket displayed in my window usefully includes my reg number, so there is no question as to the validity of the PCN, or lack of it, I should say.
I would be very surprised if someone hasn't already attempted to reclaim the cost of their time when dealing with such matters, and if there is any relevant case law, one way or t'other. I'm happy to throw thirty-odd quid at a small claim, but I would like to know my chances of success. Of course my main aim is cause them as much trouble, an FOI and SAR/GDPR request for example, as I can.
As for reporting the matter to the Police, the fist matter would be whether they, or their agent, was being dishonest, and in order to answer this, APCOA, or their agent, would have to be interviewed, again more (probably vexatious) inconvenience.

Redx

APCOA wont respond to an FOI, they are not a public body

Half_way

How much are you planning to charge for each hour of your time?

waamo

SeanTheBlade wrote: »

I should really have also included that the ticket displayed in my window usefully includes my reg number, so there is no question as to the validity of the PCN, or lack of it, I should say.
I would be very surprised if someone hasn't already attempted to reclaim the cost of their time when dealing with such matters, and if there is any relevant case law, one way or t'other. I'm happy to throw thirty-odd quid at a small claim, but I would like to know my chances of success. Of course my main aim is cause them as much trouble, an FOI and SAR/GDPR request for example, as I can.
As for reporting the matter to the Police, the fist matter would be whether they, or their agent, was being dishonest, and in order to answer this, APCOA, or their agent, would have to be interviewed, again more (probably vexatious) inconvenience.

You can claim costs if it goes to court. They aren't always awarded though.

A litigant in person is limited to £19/hr. You can also claim for things like postage, parking and other sundries.

Like I said though costs are often not given.

The_Deep

They will not pay that silly amount, nor would you succeed in obtaining that figure in court, even if you won, which is far from certain. highly unlikely.

If/when you get this PCN overturned you can make a claim for your time, (at £19.00 an hour) which you might win, but you could end up with nothing.

What you can do is involve your MP.

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.