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Apcoa Parking Ticket

Hello. 
I recently dropped off my daughter at a railway station (I didn't buy a parking ticket) and collected her a day later. Apcoa sent a fine to the hire company I had a courtesy car from stating I'd parked overnight. Seemingly, they hadn't clocked me leaving that day or returning the next day. 
I received a letter from them a week or so after just with one date and one time of the alleged contravention. 
If I appeal the fine (on grounds that I was just dropping off) and they say I still have to pay it, can I still pay the reduced amount? 
The second visit, I don't know how long I waited for my daughter. Am I risking 2 fines by appealing? 
Thanks in advance! 
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Comments

  • Umkomaas
    Umkomaas Forumite Posts: 40,241
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    can I still pay the reduced amount? 
    Follow advice here and you won't be paying APCOA a penny. Is the letter you have addressed to you, or is it the hire company's copy which they've just sent to you and told you to deal with it?  Is it headed up 'Penalty Charge'?
    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.
  • bm78
    bm78 Forumite Posts: 7
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    I hope this is the right way to reply to you @Umkomaas. I have been sent my own latter from Apcoa as the hire company gave them my details. 
  • bm78
    bm78 Forumite Posts: 7
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    I should spellchecker! Sorry, 'letter'.
  • Umkomaas
    Umkomaas Forumite Posts: 40,241
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    bm78 said:
    I hope this is the right way to reply to you @Umkomaas. I have been sent my own latter from Apcoa as the hire company gave them my details. 
    Yep, that's fine. Penalty Charge or Parking Charge?  Please check carefully. 
    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.
  • bm78
    bm78 Forumite Posts: 7
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    It says 'use of private car park without valid payment/permit'.
  • Umkomaas
    Umkomaas Forumite Posts: 40,241
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    Thanks. Easy peasy, just send them this and receive a cancellation soon afterwards. 

    'Dear APCOA

    As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the hirer of the vehicle liable for the parking charge; I suggest therefore you contact the driver. As there is no legal requirement placed on the hirer to identify the driver, I will not be doing so.

    Yours faithfully'

    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.
  • bm78
    bm78 Forumite Posts: 7
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    Sorry for the confusion. I was the driver of the car. After the hire company contacted me, Apcoa sent me the parking charge notice. 
  • KeithP
    KeithP Forumite Posts: 35,402
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    But APCOA don't know who was driving, do they?

    Just follow the guidance offered by @Umkomaas and this will all be over within a few days.
  • Umkomaas
    Umkomaas Forumite Posts: 40,241
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    bm78 said:
    Sorry for the confusion. I was the driver of the car. After the hire company contacted me, Apcoa sent me the parking charge notice. 
    How is the parking charge headed - Notice to Hirer, or Notice to Keeper?  You never admit to driving in private parking charge cases, especially at the initial stage. Don't overthink this, please follow our advice. 
    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.
  • B789
    B789 Forumite Posts: 3,311
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    @bm78, in civil law, the "driver" and the "keeper"/"hirer" are two separate entities. You are appealing as the "hirer". APCOA has no idea who the "driver" is.

    Because this was on railway land, they cannot transfer liability from the "driver" to the "hirer". So, if you send the appeal, exactly as shown, and don't tick any boxes or blab about who the driver was, you will see this scam, speculative invoice for an alleged breach of contract (there is no "fine") disappear.
    The difference between intelligence and stupidity is... intelligence has its limits.
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