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Apcoa parking charge notice - Tesco carpark, St. Stephens, Hull - Unfair?

Hi,
As the registered keeper of the car, I have had a read of the Newbies thread but they're not sure if the appeal template fits the driver's case, apologised if it does.

The car park signs state 2 hours free parking as long a minimum of £5 is spent in Tesco and the receipt must be validated on the machines before leaving to validate the free parking.
It wasn't immediately clear to the driver that there would be no option to pay if they'd stayed over 2 hours.

The driver had spent over £5 in Tesco but when they came to validate their receipt, they realised they'd overstayed by an hour and when they looked for a machine to pay for the parking, no option was available.
The driver was confused by this and joined a small queue of other people questioning members staff from Tesco who'd said: "A lot of people get caught out by this, just ignore the letter if you get one".

As the keeper of the vehicle, I've received the parking charge notice 16 days after the alleged offence (the date of issue was 10 days after the alleged office).
The driver has provided me with a picture of their receipt to prove the £5 payment in Tesco - is this something that can be used in the appeal?

Thanks


«13456

Comments

  • Umkomaas
    Umkomaas Posts: 42,861 Forumite
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    but they're not sure if the appeal template fits the driver's case, apologised if it does.
    Did you miss the 'one size fits all' description?  Just use it, it tells the PPC you are getting forum help. 

    Please provide the following:

    Date of Parking event
    Date of Issue shown on the Notice to Keeper - the first letter you received from APCOA
    Does the letter have a paragraph about the Protection of Freedoms Act 2012 (Schedule 4)?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
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    Answer the questions above

    APCOA usually fail to abide by POFA , meaning an easy win for a keeper and nothing to do with the driver
  • Fruitcake
    Fruitcake Posts: 59,417 Forumite
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    What happened when the keeper complained to the store manager and/or CEO? If a lot of people are getting caught by this, Tesco need to sort it out pronto.
    Store staff telling people to ignore a PCN is terrible advice.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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 later this year,

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



    You never know how far you can go until you go too far.
  • Here is the letter I received...
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 5 September 2020 at 7:15PM
    not compliant with POFA, keeper has no liability

    try for a TESCO cancellation first , but appeal it within that 28 day window to APCOA, say day 25 following the letter, if TESCO have not cancelled it, using the blue text template from the newbies thread at the top of this forum

    no blabbing about who was driving, this will be won on a legal technicality, by the keeper
  • Umkomaas
    Umkomaas Posts: 42,861 Forumite
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    edited 5 September 2020 at 10:51PM
    As they're only asking for £20 to settle, this seems a case of miskeying (or not keying) your VRM. Seems to fit recent BPA guidelines. 

    Do you want to spend a good bit of time trying to save £20, there's some research and work to do. How valuable is your time vs your principles?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The letter states it's £20 within the first 14 days or it goes up to £70, however, when I log in to their website it says "The amount outstanding on the Charge Notice will increase to £70.00 on Wed, 23 Sep 2020. Please pay £20.00 now." so is the letter stating 14 days so that I hurry and pay it or have they made a mistake on the letter?
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 6 September 2020 at 10:56AM
    The PCN is actually £70 reduced to £20 for an early payment within 14 days , the hurry up and pay us discount

    The PCN is nevertheless £70 

    If I were to buy a car for twenty grand with a 50% discount for early payment within 14 days , paying only ten grand for it , it's still a twenty grand car !!!

    I don't think you understand the concept of a discounted price

    What they are saying is that if you do not take up the discounted offer within the timeframe , by that due date , the full amount is due from that date

    The PCN is £70 and is always £70 , this is the amount incurred , the charge
    The payment is £20 before that due date
    The  payment is £70 on and after that date

    It does not go up , it's actually come down for the interim period , a bribe to stop you taking it further , easy money
  • Ok, I've just paid it. For the sake of £20, it's not worth my time to appeal.
    Thanks for the advice anyway 
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