Parking Charge Notice Blue Badge APCOA

MicheleR

I parked recently in a car park managed by APCOA. I couldn't see a designated Blue Badge space close enough to the exit I needed but there was a perfectly placed empty space. Parked, displayed my Blue Badge, went to the station, caught my train. Returned, had a Parking Charge Notice.

Now, APCOA has a system where you register your Blue Badge with them to get free parking. The signs at the car park state that normal parking charges apply for Blue Badge holders. My interpretation is that the normal parking charge is free as I have registered with them. I appealed directly to them, with the evidence of having registered with them, and they have dismissed my appeal. 

They have given me a verification reference number to appeal to POPLA, and indicate that if I do this unsuccessfully, the full £85 will be payable. I have downloaded a copy of the relevant appeal letter template from this site. 

Given their registration system, I consider that the wording of the original signposted charge for Blue Badge parkers is ambiguous. Do I have a point that is worth appealing to POPLA with, or should I pay up now?

Thanks for any advice and experience!

Fruitcake

APCOA are benign and don't take people to court, so it would be daft to pay them.

There is no single template for PoPLA appeals, so I'm not sure what you mean by your comment, "I have downloaded a copy of the relevant appeal letter template from this site". 

Since the location was a railway station, please confirm that you received a a parking charge notice and not a penalty notice.

For the latter, you need to appeal to PoPLA as late as possible and stretch everything out so that it becomes time expired after six months.
If the former, you can either appeal to PoPLA or ignore.
Note that PoPLA codes last for at least 32 days. If you do decide to appeal, post your draft here for checking before you submit it as late as possible.

Either way, complain to the landowner and/or ToC, and APCOA, then the BPA about this discrepancy between the online Ts and Cs and those on the signs, with proof they are different, and proof you are registered with the APCOA system.
You should also complain to your MP.

KeithP

MicheleR said:

Given their registration system, I consider that the wording of the original signposted charge for Blue Badge parkers is ambiguous.

I'll just address that one point by directing you towards Section 69 of the Consumer Rights Act.
It states that if there is any ambiguity, then the interpretation that most favours the consumer prevails....

69 Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

LDast

When you appealed to "them", did you do so as the Keeper of the vehicle or did you give away the fact that you were also the driver?

MicheleR

LDast said:

When you appealed to "them", did you do so as the Keeper of the vehicle or did you give away the fact that you were also the driver?

I probably indicated that I was the driver in the context of my appeal.

MicheleR

Fruitcake said:

There is no single template for PoPLA appeals, so I'm not sure what you mean by your comment, "I have downloaded a copy of the relevant appeal letter template from this site". 

It is possible that there is no single template, but I found it on this part of this site: Fight unfair private parking tickets

Coupon-mad

Oh no.  Don't use that.  Awful!  STOP!

That isn't from the live forum experts here. That article isn't worth reading I'm afraid.  The supposed 'download' appeal is actually (sadly) terrible.

Whilst they come from the right intent, the MSE journalists don't know enough about POPLA to know what an appeal should say.  Unlike us.

Is this a PENALTY NOTICE or a PARKING CHARGE NOTICE? Please check the first letter.

MicheleR

Is this a PENALTY NOTICE or a PARKING CHARGE NOTICE? Please check the first letter.

It is a Parking Charge Notice. 

LDast

By blabbing the drivers identity you threw away the simple way to get this cancelled. Not that you'll be paying APCOA  penny. Simply weather the useless debt collector letters and eventually APCOA will give up and seek lower hanging fruit on the gullible tree. They are not litigious.

Coupon-mad

MicheleR said:

Is this a PENALTY NOTICE or a PARKING CHARGE NOTICE? Please check the first letter.

It is a Parking Charge Notice. 

Would have been a very easy win, had you not said who was driving.  One email as keeper and it would have been cancelled. Oh dear...

But as said above, APCOA are benign and don't take people to court, so it would be daft to pay them. Ignore.

MicheleR

LDast said:

By blabbing the drivers identity you threw away the simple way to get this cancelled. 

Thanks for the info. Hadn’t realised I was a “blabber” 😮😕. On the other hand, my point is that I didn’t pay because the rules suggested as a registered blue badge holder, I didn’t need to. It would be hard to argue the blue badge thing if I didn’t indicate the blue badge holder was present (whole other set of rules). I truly expected them to say Ooops, our mistake. 

I get that you are saying ignore, but there is a question here about their inconsistency in serving blue badge holders that makes me consider appealing to POPLA. Would that put me in a worse position if I lost?