Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: md24 on June 08, 2024, 05:51:04 pm
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“I parked…” is not what you should ever say. If you’re ever going to appeal or communicate, it should always be “the driver parked…”.
Luckily for you, these are Penalty Notices and they were always going to reject any appeal. The main problem is that you have not strung this out.
APCOA are not particularly litigious and especially so when it comes to Penalty Notices. This is because they are Penalty Notices (PN) as opposed to Parking Charge Notices (PCN). If APCOA were to try and prosecute them, they would have to take out a private criminal prosecution in the magistrate court whereas a PCN is a civil law contract matter for the county court.
APCOA won’t take these to a magistrates court because, even if they were successful, any fine imposed would go to the public purse, not to their profit sheet. That doesn’t mean you don’t do anything about it though.
It’s a pity that you appealed so quickly. A PN times out after 6 months. All you have to do is string this out and they will time out. Any appeal should have even submitted by email on day 28 after the issue of the notice. Not revealing the drivers identity (too late for that now) should probably elicit a response from APCOA asking for the drivers identity which could have strung it out further.
You are where you are. Just submit an appeal to POPLA on the last possible date. The POPLA code lasts for 32 days, not the 28 days they say. Make the POPLA appeal as complex as possible and throw the kitchen sink at it in terms of BPA CoP breaches.
By the time POPLA give their their verdict after you have strung out the process, including stringing out the rebuttal of APCOAS operator response to your appeal and then the final demands after POPLAs rejection, it will time out.
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On the 11th of April I registered for Apcoa autopay mistakenly believing that I had registered for autopay at Luton Airport Parking. Unfortunately, while the autopay covers Luton and St albans, it does not cover Luton Airport Parkway.
Believing that the autopay would take care of parking charge, on 3 separate occasions the driver parked at Luton Airport Parkway and now I (the registered keeper) have received 3 PCNs. I have tried to appeal the PCNs received on the 20th and 24th of May, but have already got back one rejected appeal for the one on the 20th. I expect the same for the 24th.
I was hoping for some leniency as it seems like an easy mistake to make, and offered to pay the cost of the original charge but they haven't budged. Is there anything that I can do in this situation to reduce the charge (now £180 for all 3) or have a hurt my case by disclosing too much in the appeal?
I have attached photos of the 3 PCNs, the picture of autopay email I attached as proof to the appeal, as well as the appeals themselves.
3 pcns
(https://i.imgur.com/oneuEwM.jpeg)
may 20th appeal (now rejected)
(https://i.imgur.com/etbJ2IA.png)
may 24th appeal
(https://i.imgur.com/rJGTT3B.png)
autopay email (if relevant)
(https://i.imgur.com/JXnBa5f.png)