Free Traffic Legal Advice

Someone I know borrowed my car and received this ticket at Northwick Park Hospital car park, The person paid the parking charges but the car was not parked in a bay. I was not the driver of the car, someone else was driving and now they are refusing to pay for it.

The car is leased.


Original ticket can be found here: https://imgpile.com/p/JtdMSCW

Appealed using this:
I appeal as the Hirer. I am not obliged to identify the driver and decline to do so. You cannot transfer the driver’s liability (if any) to me as you have not served me with a notice to hirer that complies with Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late to do so. In particular (without limitation) your notice does not contain the warning required by PoFA paragraph 9(2)(f).

I require you to cancel the parking charge and remove my personal information from your database


Response from Apcoa: https://imgpile.com/p/FY2EqSo

Pictures from the ticket: https://imgpile.com/p/zz3opgz

Does their letter run to more than 1 page? I would have expected them to offer a comment along the lines of '..if you do not....then we reserve the right to..'

Someone I know borrowed my car and received this ticket at Northwick Park Hospital car park, The person paid the parking charges but the car was not parked in a bay. I was not the driver of the car, someone else was driving and now they are refusing to pay for it.

The forum is normally very good at helping people avoid having to pay for tickets as keeper / hirer, and will absolutely be able to assist you in doing that.

That said, you've got a person who's borrowed your car, incurred an expense and refuses to pay. If you so desire, you can provide their name and address to APCOA and that definitely removes any liability from you and means that the other person can deal with APCOA themselves.

It may burn a bridge, but some bridges are worth burning. Your call.

There is a admin fee which gets added by lease company.
I do not want to name names, If they can also get away with it.

Legally, you can certainly name the driver and be done with it.

Your choice - APCOA won’t go to court but if your leasing company charges an admin fee then you could suggest to the driver that they pay the admin fee or else you’ll name them.

It seems unreasonable that you’re left carrying the can after someone else borrowed your car.

Fight what?
APCOA won’t take anyone to court.
Your issue is with what your contract with your leasing company says and what they might charge you. Maybe APCOA will give up and not contact them. If it does, you might eventually get a Notice to Hirer and can defend this, but in the meantime your leasing company may charge you.
Or name the driver and let them sort it out.

If APCOA do send a Notice to Keeper to your leasing company, per

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.