Success Swansea Marina Apcoa/ debt recovery plus

Dessources

Hello, posting because I know you like to keep track of the success stories through complaints / save other people work if in a similar position.

Tesco in Swansea marina installed a new validation system which I was genuinely unaware of it. It cannot have been signposted very well, I suppose I am fairly unobservant/ have a lot on my mind and obviously didn't see the big machines now outside Tesco or just didn't register them. The alleged "offence" was in mid-July. The keeper had moved, changing address with DVLA on driving licence but not on car - whoops. Had mail forwarding for a while too, but if there was a postal PCN it must have been just after this finished. Mid-September the keeper picked up some mail from the people living in the old place and among them was a letter from DEBT RECOVERY PLUS - 
"The time has come to decide how you wish to proceed regarding an unpaid parking charge you received..." "You may not have responded to previous letters due to an oversight. Now, if you don't respond, you are making an active choice..." the "deadline" for paying for this £115 was mid-September. The creditor was listed as APCOA, reason for issue "overstay above allowed period or failure to validate parking"

Appeal was no longer an option, so instead the keeper complained to APCOA by email using a modified version of one of your templates. This was sent about a week after the "deadline" for paying. The initial bounceback said parking tickets could not be dealt with in this way so we are pleased in fact they did respond. (It seems to be impossible to complain to Tesco online. My next plan of attack was actually sending letters, or going into the store to talk to the manager/ get his email address (his name was easy enough to find online!) 

Emailed to: UKcustomercomplaints@apcoa.com

Dear APCOA parking, 

I have just received a letter from debt recovery plus regarding an “unpaid parking charge” from xx/7/2022. This is the first notice I have received. As you acknowledge in your own template letter, these things happen. I have now been able to review the “evidence” on your online portal. 

As keeper of the vehicle, I will be disputing the 'parking charge’. There will be no admissions as to who was driving, and no assumptions can be drawn.  

I deny any liability or contractual agreement and I request that you kindly stop pursuing this “charge notice” immediately. If not, following my formal complaint to your client landowner, Tesco, of whom I am an excellent customer, I will make a further appeal. 

The alleged reason for issue is “overstay above allowed period or failure to validate parking.” I require ALL photos taken and an explanation of the allegation and your evidence, i.e. – seeing as the allegation concerns overstay, I require a record of this, and proof of clearly signposted maximum stay time and clearly signposted validation requirement AT THE TIME THE PCN WAS ISSUED. I am shocked to find none of this is included on your online portal, and it is not even clear whether the allegation refers to overstay or failure to validate 

If the allegation involves an alleged overstay of minutes (which your online portal does not actually explain!) your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.  

In all cases, you must include a close up actual photograph of the signage you contend was at the location on the material date.  

The response took less than one week, there was a bit of a tell-off and explanation it was due to lack of validation and that their cameras took pictures, but ultimately "as a gesture of goodwill" they "cancelled this notice on this occasion as a first offence" and "sent a request to DRPLus Debt Management to cancel this on their system"

Thank you so much for all the great advice on here as to how to succeed in these types of cases.

:-) 

Fruitcake

Well done, and thanks for letting us know.

Coupon-mad

Well done and thanks for the email address.

For new posters reading this, please note that Tesco Dundee would have cancelled it (had the OP needed to try that) AND if the PCN had been received it would have been easily beaten on appeal because the keeper can't be held liable by this company.

Apart from what they are doing at Heathrow Airport (issuing charges for entering a zone without even stopping) I see APCOA as one of the better ones.

Also like the fact they don't sue people and don't use the POFA!