Parking Charge Notice from APCOA to Registered Keeper for overstaying less than 3 minutes in Tesco

Rojroj12

Hi Forumites,

I have been going through this Forum and have read many posts, but most of them are as old as 2013. Hence, creating this new thread, as suggested.

As mentioned in the subject, Registered Keeper was sent the PCN for overstaying by less than 3 minutes.

So, should the Registered Keeper appeal quoting the 10 minute grace period as mentioned in Clause 13.3 of version 9 of the code of practice :

private-parking-code-of-practice-explanatory-document-how-was-it-developed-and-what-will-it-change

Is the following necessary to consider / important at this point :

"PPC doesn't have any right to make a contract with a driver as they have no possession or occupational rights on the property. The mere contract to manage the car park does not bestow rights of possession as needed."

I assume there is no need to ask for a POPLA Code in the appeal (if they don't provide this, then they are automatically in breach) ?

Thanks in Advance.

Umkomaas

Don't recognise APCOA being a Tesco parking operator. 

Is this an exclusive use Tesco car park, or one that is part of a multi retail outlet facility?

Can we see a redacted (of personal and VRM detail) copy of the original letter from APCOA to you - possibly headed 'Notice to Keeper', or 'Parking Charge Notice' please?  Both sides, please leave any dates showing. 

Rojroj12

Thanks for the reply.

It's an exclusive use very large Tesco Car Park.

The Validating machines were not working, so there was a queue. Also, it took about 5 attempts for the car to be recognised - all of which took extra time. The car park was full, so it was parked far away and the Keeper had to struggle to find the car back.

It's the same as the attached example. The date of contravention was 03/02/24, date of issue of PCN is 12/02/24.

KeithP

Where exactly is this Tesco store?

Fruitcake

I know that APCOA have taken over the Tesco superstore in Weston-super-Mud. Even if it is not that one, I am sure the OP is not mistaken.

Plan A is always a complaint from the keeper to the landowner/store manager/CEO and the keeper's MP. 

@Rojroj12, APCOA do not rely on the PoFA 2012 so all you need to do is appeal stating this, and therefore the keeper cannot be held liable. They should therefore contact the driver, who will not be named, or cancel now to save themselves money.

I'm not sure where you got the idea most posts are as old as 2013. This one was posted earlier today where the poster got APCOA to cancel the charge.

Apcoa Parking Ticket - Page 2 — MoneySavingExpert Forum


All the information you need can be found in the sticky thread for NEWBIES, which is up to date.

Coupon-mad

Dead easy to win as long as you don't say who was driving.  Read any other APCOA thread.

  

Rojroj12

This was in Slough High Street Store.

Rojroj12

Thanks a lot Fruitcake and Coupon-mad.

Have already emailed Tesco customer services and its CEO, however, the email from customer services had an auto-reply saying this is not monitored.

Have spoken to customer services and they said to appeal to APCOA first and then go back to them, if needed.

RK was planning to visit the Store to see if they can speak to the Store Manager ; however, having read the very useful updates, it appears that it would NOT be very wise to visit as the Manager (if at all (s)he agrees to meet) would then know (or could ask) who was the Driver. 

Looks like best thing is to Appeal first quoting that "APCOA do not rely on the PoFA 2012", so can't hold the RK liable. Also, would it harm to mention that there is a 10 min grace period allowable / expected as per Clause 13.3 of version 9 of the BPA Code of Practice (just in case they reject the Appeal) ? 

I assume that if they reject it once, there is no going back or further scope of Appeal with them or modifying the Appeal, so best to mention that Strong & Valid Point at the onset.

Thanks again.

Debszzzz2

Rojroj12 said:

RK was planning to visit the Store to see if they can speak to the Store Manager ; however, having read the very useful updates, it appears that it would NOT be very wise to visit as the Manager (if at all (s)he agrees to meet) would then know (or could ask) who was the Driver. 

They can ask you who the driver was but you are not obliged to tell them, just as you are not obliged to tell the court. All you need to do is make a complaint as the RK. You could have been a passenger in the car.

It is irrelevant who was the driver. You were a patron of the store. You received a speculative invoice from an unregulated parking company and if they relish your continued patronage, including that of all your relatives, friends and colleagues, they should cancel the PCN.

Coupon-mad

Appeal can't lose so I'd just do that!

Rojroj12

OK thanks - I guess there is no need to see the actual PCN anymore.