APCOA Penalty Notice Railway Parking

Birkyboy

Umkomaas said:

(As per my original post, I  wasn’t out of the country for the entire 28 days appeal window. I returned home briefly during that window, but didn’t find the time to open any mail. )

Do you not have flight tickets for your exit date, and similar for your return date?

Yes. I have flight tickets and also proof of accommodation for the periods I was away with work. Approx mid August to mid October. I however did return to the U.K. briefly for a week in late August, before I then had to go away again. 

So I’m sure APCOA will argue that I could have appealed during that week I was back. In reality I didn’t spend that much time at home address during that week. and didn’t have the opportunity / inclination to go through any mail (which usually all seems to be junk mail these days). 

So my complaint to them was that I did not receive their letter until mid October and missed an opportunity to appeal. By which time I already also had the first DRS letter. 

Umkomaas

Can you not show your first flight exit ticket and your second flight return ticket?  Your very own flying version of the 'double dip' (Google the term if you don't already know it). 

Birkyboy

Umkomaas said:

It has a new deadline demanding the £170 is paid, or they will recommend court action to APCOA.

Even if the do 'recommend', APCOA never take any case to the small claims court. Empty threat!

So I have read this comment a lot on here. 'These companies never take anyone to court'. While I appreciate the reassurance, is there any factual evidence that parking companies never take anyone to court? I for one am nervous that they may decide to do exactly that. (I did stumble across a couple of threads on here, where people have been taken to court. I didn't save the links...).

I am very keen to stand my ground, but if I thought court action was likely, I would have paid by now. Without disclosing information, my situation is such that I can not risk going to court.

Can any of the regulars on here help with more than just encouragement? Are there lots of examples of APCOA etc just giving up at the 6 month point?

Thank you

Birkyboy

Umkomaas said:

Can you not show your first flight exit ticket and your second flight return ticket?  Your very own flying version of the 'double dip' (Google the term if you don't already know it). 

Lead them to believe I was out of country for the entire time? If I have understood correctly, I don't want to start going down the route of not being truthful. Dodgy ground I reckon. Apologies if I have misunderstood. It is one thing, refusing  to disclose who the driver / owner is, but suggesting something that didn't happen, is something quite different. I don't think i would be comfortable ding that.

Gr1pr

Umkomaas said that APCOA don't take anyone to court 

He definitely did not say "these companies" , just APCOA ( some do, some don't. )

Private parking companies probably issue 30 thousand or more court claims per annum, so nobody on here is ever going to say " these companies never take anyone to court.". Because its simply not true 

Most threads on here these days are about live court claims, simply because there are thousands of live claims on the go, all the time, claims started by dozens of private parking companies , such as

Excel, VCS, Parking Eye, Group Nexus, UK CPM , PCM UK , OPS , CEL , UKPC , Britannia , MET , Parkmaven , ECP

Ignore the begging letters 

PS, only the TOC can enforce a Penalty Notice, via the Magistrates court ( not APCOA. )

fisherjim

APCOA never take their victims to court even if it is a normal relevant land PCN so they won't try it on a fake penalty notice, that would be leaving them selves wide open.

Even if they decided to try what do you think the chances of it being this one?

Of course it's entirely your call, but you are over thinking this.

Coupon-mad

Birkyboy said:

Umkomaas said:

It has a new deadline demanding the £170 is paid, or they will recommend court action to APCOA.

Even if the do 'recommend', APCOA never take any case to the small claims court. Empty threat!

So I have read this comment a lot on here. 'These companies never take anyone to court'.

No we never say that. Never.

I am amazed you only stumbled on a couple of threads about claims! Wow. A couple?

This forum is ALL ABOUT court claim defences and parking firms sue somewhere close to half a million times per annum.

Except from firms who never do...

APCOA being one.

Look:

https://forums.moneysavingexpert.com/discussion/comment/81071283/#Comment_81071283

Birkyboy

Gr1pr said:

Umkomaas said that APCOA don't take anyone to court 

He definitely did not say "these companies" , just APCOA ( some do, some don't. )

Private parking companies probably issue 30 thousand or more court claims per annum, so nobody on here is ever going to say " these companies never take anyone to court.". Because its simply not true 

Most threads on here these days are about live court claims, simply because there are thousands of live claims on the go, all the time, claims started by dozens of private parking companies , such as

Excel, VCS, Parking Eye, Group Nexus, UK CPM , PCM UK , OPS , CEL , UKPC , Britannia , MET , Parkmaven , ECP

Ignore the begging letters 

PS, only the TOC can enforce a Penalty Notice, via the Magistrates court ( not APCOA. )

Apologies, bad choice of words 'these companies'. 

Birkyboy

Coupon-mad said:

Birkyboy said:

Umkomaas said:

It has a new deadline demanding the £170 is paid, or they will recommend court action to APCOA.

Even if the do 'recommend', APCOA never take any case to the small claims court. Empty threat!

So I have read this comment a lot on here. 'These companies never take anyone to court'.

No we never say that. Never.

I am amazed you only stumbled on a couple of threads about claims! Wow. A couple?

This forum is ALL ABOUT court claim defences and parking firms sue somewhere close to half a million times per annum.

Except from firms who never do...

APCOA being one.

Look:

https://forums.moneysavingexpert.com/discussion/comment/81071283/#Comment_81071283

Thank you. Just read that thread. If APCOA agree I can appeal, would you recommend that i use the same template as used on there. Although I realise that one was a PCN, mine is a PN.

"This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw"  

Coupon-mad

Yep if you like.  String it out.

Your one - being a PN - will time out after 6 months anyway.  Compared to SIX YEARS if it had been a private PCN.