APCOA Parking - PCN looming - should I appeal??

IHave3CrazyCats

Hi 

I am just trying to get one step ahead of the game here and try to get some good advice before I receive/may receive a Parking Notice from APCOA.

One day last week, I parked at one of the APCOA locations, without cash so could not pay via a machine, and phone signal not great to do so via the App/website.  They said there is the option to pay within 24 hours, so thought I would do it later.  I later downloaded the App but there was no where on this to back date the parking, so I tried the APCOA website, which I found to be really confusing and could not easily find the option of the late parking.  Also tried to contact them, but it was outside of their office hours and they were closed, so I gave up.

I arrived back to the car the following day, slightly outside of the 24 hours by about 1 hour, tried to call them, but again, closed.  I decided my best option might be to pay for 48 hour parking from that time I got back to the car, although, obviously, the dates and times would be completely outside of the arrival/departure scope, but my theory was, it's better to look like I have tried to pay for something than nothing. 

Another stumbling block in doing this, however, was that the parking fee for the day I actually arrived was more than the departure day, so I had, in effect, not paid enough.

I made it my main priority the next working day to try to contact APCOA, to explain and try to pay the actual fee.  No reply on the telephone, so I used their live chat, only to be told I was "too late, sorry" and wait to see if a notice arrives!  It hasn't as yet, although I am expecting it.  Incidentally, I have taken screenshots of my live chat conversation.

So, after doing some research on these situations, I came across this website and wondered if anyone on here had any wonderful advice on how I should proceed, if and when my notice arrives.  Is it worth appealing?  I genuinely wanted to pay for the parking!

Thanks

Gr1pr

APCOA tend to not try to comply with POFA 2012 , in which case their postal PCN will fail to make the keeper liable 

In which case the keeper will appeal based on no keeper liability 

The driver keeps their mouth firmly closed and sits on their hands, in order to NOT jeopardise the keepers chances 

So research first, no blabbing about who was driving, and appeal as keeper 

LDast

Aside from the fact that APCOA, as stated above, tend not to rely on PoFA to hold the keeper liable, was this car park at a location under statutory control such as a railway station or an airport?

Until you receive an actual NtK, you should have a thorough read of the Newbies/FAQ thread which gives all the advice you need about this. Just remember that if you do receive an NtK, it is addressed to you as the keeper of the vehicle. APCOA have no idea who was driving and it is only the driver who is liable.

The keeper and the driver are two separate legal entities and there is no legal obligation for the keeper to reveal the identity of the driver. Do not shoot yourself in the foot by inadvertently disclosing the drivers identity and ruining the chance of a "golden ticket".

Coupon-mad

Very very easy to win if you get an APCOA parking charge notice (not 'penalty' at a station). 

IHave3CrazyCats

Thank you for the replies so far.  Noted that I will need to keep the driver and keeper separate - thank you.   

To clarify, the car park was at a train station.  Does that make a difference compared to another location?

Many thanks

Gr1pr

It certainly may do , because where bylaws apply, POFA 2012 schedule 4 doesn't apply, meaning no keeper liability 

If a PCN arrives in the post, check the wording, because it will either be a PENALTY notice under bylaws, or a PARKING Charge Notice issued under civil laws 

APCOA tend to fail in both camps, so are usually easy to beat 

LDast

IHave3CrazyCats said:

Does that make a difference compared to another location?

Yes.          

Coupon-mad

IHave3CrazyCats said:

Thank you for the replies so far.  Noted that I will need to keep the driver and keeper separate - thank you.   

To clarify, the car park was at a train station.  Does that make a difference compared to another location?

Many thanks

Yes. It will be a Penalty Notice which times out in 6 months!  Can be ignored if you like.

To save us typing, if you want to waste time stringing it out by appealing, search the forum for APCOA station penalty appeal