Appealing APCOA without expired code

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82062179#Comment_82062179

No its from Empira

Coupon-mad

Please can you show a full screenshot or series of images to show this is from Empira?

I want to show the MHCLG,

joepa

Firstly, thanks for the help from all of you!

Secondly, apologies for my lack of responsiveness as I was unaware that I needed to activate email notifications to be informed of replies (hopefully I have now correctly set that).

YOu are correct that it is from Empira.

My question of whether to ignore or take action was, that if it appears that they are indeed up to filing a CCJ, I would rather pay up than have that on my credit file. However, if you are tellling me that they won't take it so far (even though that was the impression I got from the text) or that I anyway would still have an option to pay at a future stage to avoid that, I am happy to continue ignoring…

Ps who are the MHCLJ?

cooldude255220

A) They can't "file a CCJ".

B) What makes you think they "appear to be up to filing a CCJ"?

C) Ignore the threatograms. They are meaningless. They can stamp their feet however much they like.

D) APCOA historically do not follow through on their threats and issue proceedings. There's no reason to think you're the exception to that rule.

E) Even if they did issue proceedings, you would either have to fail to defend (and get a CCJ by default), or it would have to get to hearing and you lose for you to get a CCJ.

D) Even if you did get a CCJ, so long as you pay it within 30 days, you can then proceed to get it removed from the register.

E) Even if you lost, you're unlikely to pay much more, and possibly you might even pay less, or the same as they're demanding.

joepa

Mainly I thought so because they named a new ompany as solicitors and why would they engage new companies if not for a further stage?

I guess anyway a CCJ theoretically would allow for submission of the classic appeal text of not being obligated to identify the driver (which I was unable to file due too having gone over 28 days) and that should be adequate defense if it came to it.

As you say, I could always pay it then, hopefully for not much more…

joepa

If I block the texts, will they send letters instead? Not sure if I want to be blind to what they might be up to…

cooldude255220

https://forums.moneysavingexpert.com/discussion/comment/82063610#Comment_82063610

They haven't engaged solicitors.

They are "preparing" to send your case to "Gallstones" Solicitors. I.e. another baseless threat.

And they (Empira) cannot send your case to anyone, because the debt isn't theirs. The only person who can is APCOA, not their powerless debt collectors.

And so they haven't sent your case to any solicitors because they can't. And even if APCOA do, that still doesn't mean they will commence proceedings. And even if they do, it doesn't mean they won't withdraw them. And even if they don't withdraw them it doesn't mean you'll lose. And even if you did lose, so long as you pay the CCJ within 30 days, you're fine.

I guess anyway a CCJ theoretically would allow for submission of the classic appeal text of not being obligated to identify the driver (which I was unable to file due too having gone over 28 days) and that should be adequate defense if it came to it.

No, because if you have a CCJ you've already lost. A CLAIM FORM would give you opportunity to defend. A CCJ means it's already over.

But do note we have absolutely no idea what your grounds for defending any claim would be because we have zero information about the alleged breach etc at this stage. And the fact that you were unable to identify the driver would not be a defence if (and it's a big if) the requirements for keeper liability have been met. I'm not sure why you think otherwise?

joepa

We are dealing with an airport fine which i believe is usually waived when appealed on the basis that I as keeper do not need to identify driver etc etc as per the many posts.. Would that not hold as defense also on a claim form?

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82063671#Comment_82063671

stop over thinking this

if you get a court claim or move come back here

joepa

Sorry was just curious…