APCOA - train station, multiple fines, no correspondence, straight to solicitors

jimmywiggle

Will edit as advised, thanks!

Only reason i didn't yet include any specific CoP was as below, which I may have edited while you were responding

"i'm only slightly trepedatious with the recency of the CMA open letter and the ongoing investigations, that if I actually do come down too hard, they may in fact re-issue them!"

Coupon-mad

Yes I get that. Interesting dilemma.

APCOA has been known to reissue PCNs.

Maybe instead you write a short, naive complaint asking why they didn't reissue the PCNs because it seems unfair when they know you had moved and not received the PCNs.

That might be a better plan, hoping that they dig a hole for themselves by refusing. Then you can complain to the CMA with your case evidence.

jimmywiggle

Have sent a much tamer email.

All I could find from; the Single Code of Practice
https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf

Which might be relevant:
As per the “Single Code of Practice” outlined by the BPA and IPC, on 27-june-2024,

Pg52. "non-conformance" - "Does not perform trace or use old address when trace provides a new address”,

Pg22. "8.4. Process for appealing a parking charge" - 8.4.1 “a) allows that the parking charge may be appealed within 28 days”

Pg24. "Action to recover unpaid parking charges"

"10.1 If a driver, keeper or hire company does not respond to a notice or subsequent correspondence, or a parking charge has not been paid in full, reasonable endeavours - including contacting credit reference agencies to undertake a ‘soft credit check’ - must be undertaken by the parking operator and/or its appointed debt resolution agent to establish the correct correspondence details of the driver, keeper or hire company before commencing enforcement action."

"10.2 Where a new address is discovered and the motorist provides evidence that they did not know of the parking charge through no fault of their own, the motorist should be offered the ability to appeal and/or pay at the original rate.”

and then from the CMA open letter (might be a stretch, but)

https://www.gov.uk/government/publications/open-letter-to-the-private-parking-sector

Pg 12. "Operators should make any necessary changes to ensure that all substantive correspondence they send to consumers directs them to the Industry Code and the Charter in order to allow consumers to make better informed decisions on whether to pay or appeal a PCN."

(whether this consistutes re-issuing PCN's so that consumers are provided with information "allowing consumers to make better informed decisions")

————-I think 10.1 is the big one here, as it feels contradictory to the code of practice. Specifcally the wording "must be undertaken by the parking operator…to establish the correct correspondence details of the driver, keeper or hire company BEFORE commencing enforcement action." - One would argue that escalating to debt collection consistutes enforcement action?

Coupon-mad

Yes I agree.

And 'Enforcement' was the very word used in ParkingEye v Beavis, to describe the pre-action phase of letters that the Supreme Court held had to be covered by the £85 PCN itself. No add ons were allowed and HHJ Moloney made that clear.

Strange it doesn't say 'before litigation' in the CoP, which is what the old BPA Code used to say. This wording is far better because as you say, it binds the operator (or their agent) to have to do a soft trace (early) if there has been silence from the consumer.

But do you want any of that in your naive complaint? I think not!

I think save ALL that for the CMA.

jimmywiggle

Update:

Their response to my first email, they wont re-issue the tickets, confirmed they only do DVLA checks and not trace, and wont close the claims with ZZPS.

they also said APCOA are "unable to amend or update the address recorded for these cases." Even though I have requested the old address be erased and provided proof. Which feels a little non-GDPR compliant to me?

Umkomaas

they also said APCOA are "unable to amend or update the address recorded for these cases." Even though I have requested the old address be erased and provided proof. Which feels a little non-GDPR compliant to me?

Immediate complaint to the BPA.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82143581#Comment_82143581

Please show us that email (not copy & paste, the actual email as a screenshot please, with their company name at the bottom (cover any individual names).

APCOA are the data controller at all times, says the DVLA. They can't wash their hands of your legal right to data rectification or refuse to reissue PCNs that they know were not served (except that the bent 'Joint Code' self-serving clause changes lets them do the latter).

jimmywiggle

Email screenshots as requested, both the first response I got this morning and the followup after I asked confirmation of re-issuing and not erasing my adress.

I can't help but feel they are totally cooked because of this email?

Coupon-mad

I think email their complaints email and say you are about to report them to:

• the CMA
• the ICO
• the BPA

and tell them why give them a deadline of maybe 21 days to respond.

You could also attach your proof of payments and say they haven't provided sufficient material information to explain why these PCNs were even issued (list all PCN numbers and your VRM) so that forms part of the complaint.

jimmywiggle

that's the issue, I only remembered to pay for 3 of the 6 and those 3 the payment went through after X o'clock when the price reduces. The station has dogshit wifi and my phone is about 12 years old and the wifi is pretty crap on it.

Either way, i've bought tickets consistently for the better part of a year, so i'm proven to be a good egg, just an honest mistake (over about 200+ purchases)

I'll definitely complain to those companies regardless, mainly to call out the lack of compliance and the on-going industry wide investigation and highlight the company doesn't adhere to the guidance.