Parking fine - APCOA Debt Collection letter - advise required.

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Hi

I received notification of a fine from APCOA approx 5 months ago for failure to purchase and display a valid parking ticket at Manchester Victoria station. The driver had actually purchased a ticket but incorrectly entered the Reg by one letter. At the time researching this I took the advise to ignore the letter. The driver also had the ticket in question with the mis-entered ticket.

It is now just over 8 months since the original parking and I have received a letter from ZZPS Limited referring to their client APCOA's fine with an increased amount due to be paid.

Unfortunately the ticket can no longer be found with proof of the driver's mistake which is frustrating - it's still possible it could be located. However, my question relates to another post on these forums where it was mentioned that the Victoria Station car park would be covered by bye laws which have a restriction of 6 months within which legal action can be taken. The case in question wasn't identical in that it was for someone's incorrect parking as opposed to failure to display. I have 2 questions.

Does the 6 month factor apply in my case?

If things went to court would APCOA be compelled to show their records of ticket purchase to show that a ticket was purchased at the time of the 'offence' that would show a reg with 2 letter input in the wrong order? If so would this be likely to give me a strong case?

Thanks for your help in advance.

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[ostell]

Edit your post so that the identity of the driver can not be inferred. Use "the driver ....." etc.

ZZPS are simply debt collector and can do nothing.

Yes, if this is railway land, hence byelaw land then schedule 4 of the Protection of Freedoms Act 2012 cannot apply and they can only hold the driver at the time liable. You are under no legal obligation to identify the driver.

The drivers mistype of the number will get you nowhere, it's probably in the conditions that the correct number must be entered therefore the driver breached the conditions therefore they are claiming the amount the driver agreed to for the alleged breach.

Yes, it it's byelaw land then they do have 5 months to lay the case in front of the magistrates.

If you are sure that it is byelaw land then write back as the registered keeper to ZZPS stating that the alleged breach was over 6 months ago and therefore they cannot lay the matter in front of the magistrates. As you are the registered keeper then theis is not relevant land for POFA and therefore they cannot hold you liable for the actions of the driver. Any further contact from them knowing that there can be no liability will be treated as harassment and will be treated accordingly. Demand that they inform their principal about this letter.

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Hi,

Thanks for the response. I didn't receive notification in my inbox so I'm a little late coming back. I have found other posts online that refer to APCOA at Manchester Victoria Station as covered by byelaws but I'm wondering if there's a more official way I can check this?

I think I've also read somewhere that you should only contact the principal rather than the collections company but you recommend writing back to ZZPS - is that better than contacting APCOA directly?

I realise this isn't a strictly legal point but surely if APCOA claim the driver didn't purchase a valid ticket and there is a record of a number plate entered at the time of entry that is one character swapped round incorrectly the chances of someone with that number plate being parked there at the same time are so remote that this is clear grounds for the case being dropped?

To be clear I've not contacted anyone regarding this as yet for fear of escalating the situation - is there an advantage to making contact now and is it likely that a legal case will not be pursued by APCOA, given that they would be risking a lot based on the bye law situation? Could they even take this to court since we're now well over 6 months since the alleged infringement?

I'm keen to take the most sensible course of action immediately if necessary and will follow any advise given. I've read a number of cases but am not clear from my specific situation and the location, as it relates to bye laws, coupled with the fact I've made no contact, as to whether continued non-contact is the best course of action or your advise re writing ZZPS is best.

Appreciate your response,

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[ostell]

If it's byelaws land, and you are the one to know that, then there can be no magistrates court action for any alleged infraction of the byelaws after 6 months. If this simply an invoice (not a fine!) then again if this is byelaws land then they can only claim against the driver, whoc they do not know and you are not required to tell them. APCOA have probably washed their hands of this but ZZPS are pushing for a bit more cash.

Yes, they can claim for transposed digits entered at the machine, it breaches the alleged contract created, but common sense, chances of money and parking companies do not mix.

I suggested ZZPS as they are the last ones seen to be taking any action. After that just ignore until such time as you get a letter before action. APCOA haven't taken anyone to court for 2 years.

[All Thumbs]

If it's byelaws land, and you are the one to know that, then there can be no magistrates court action for any alleged infraction of the byelaws after 6 months. If this simply an invoice (not a fine!) then again if this is byelaws land then they can only claim against the driver, whoc they do not know and you are not required to tell them. APCOA have probably washed their hands of this but ZZPS are pushing for a bit more cash.

Yes, they can claim for transposed digits entered at the machine, it breaches the alleged contract created, but common sense, chances of money and parking companies do not mix.

I suggested ZZPS as they are the last ones seen to be taking any action. After that just ignore until such time as you get a letter before action. APCOA haven't taken anyone to court for 2 years.

Thanks again for the advise. I am not sure categorically this is byelaws land, only that other queries from people being fined on this specific car park have talked about it being covered by byelaws. If there's an official place I can check that you know of I'd be grateful if you could let me know.

Reading the most recent letter It neither refers to the money they want as a fine or an invoice. It's referred to as a Parking Charge plus admin fees and as a debt. I have a digital copy I made of the letter itself if it would help review it - I'll let you advise on whether it's a good idea posting it here (there's no personal info on there - just the body of the letter). It feels quite coercive with threats of legal action, and a reference to Parking Eye vs Beavis I assume as president of legitimacy. What stood out for me is they refer to passing the account to solicitors (QDR ltd) and later to 'if the account progresses to our solicitors' which I seem to remember not being something they, as the collection agency, could do?

Regards

AT

[ostell]

As it is Parking charges and this is byelaws land (probably) then the only person they can chase is the driver at the time, who they do not know. It is not relevant land as far as POFA and keeper liability is concerend. As this is just ZZPS as debt collectors then just file and ignore