Several APCOA letters

[popoff7571]

Recently we received several separate letters from Apcoa for alleged parking contraventions. These were for TESCO car park based in Walsall WS1 and dated from end of Feb 2020 to March 2020.
Each one is demanding £70.

The registered keeper of the car was NOT the driver at the time.

The car park was for a period of time run by Highview parking however they lost the contract and Apcoa has taken over and clearly going back over old footage.

The car park was used by lots of people during the time of no parking company monitoring it over the xmas period and afterwards however it seems that now apcoa are attempting to claw back funds. Rightly or Wrongly. I could say that as the fees were not paid ( minimum £5 spend and validation) then the charge should be paid however this a lot of money therefore any advice on how this should or could b dealt with is appreciated.

I can say that apart from the main APCOA signage at the entrance to the car park there are no other Apcoa signs. There are still Highview signs dotted around and the Tesco signs intermittently shown but no charges displayed in the carpark etc.

As I said the registered keeper was NOT the driver at the time so does the registered keeper name the driver or deal with it other ways?

No contact has yet been made to APCOA.

A total of 10 letters received for seperate instances.

Is there a time limit of 14 days still required to issue a notice from the date of the alleged offence to the registered keeper if using anpr still as many of these were sent outside of that time period. one after 13 days, one after 14 days, two after 15 days, one after 17 days, one after 18 days, two after 19 days, one after 20 days and one after 21 days showing that since they took over the contract they are catching up on data prior to their new contract starting.

[ostell]

So APCOA must have been in there for a lot of time, there is no footage just an ANPR machine that records the VRM and time.

First suggestion is to go into TESCO and complain to the manager. Have you a Teco card to show the purchases you have made?

So take some photos of the Highview signs still remaining so that you can honestly say that your contract was with Highview and therefore APCO cannot take action as they are a stranger to any alleged contract.* Make sure you take them on a device that inserts the Metadata to confirm time of taking.

So post up one of the PCNs suitably redacted but leave dates. They have 14 days from the date of the event to you receiving the PCN

[popoff7571]

So APCOA must have been in there for a lot of time, there is no footage just an ANPR machine that records the VRM and time.

First suggestion is to go into TESCO and complain to the manager. Have you a Teco card to show the purchases you have made?

So take some photos of the Highview signs still remaining so that you can honestly say that your contract was with Highview and therefore APCO cannot take action as they are a stranger to any alleged contract. Make sure you take them on a device that inserts the Metadata to confirm time of taking.

So post up one of the PCNs suitably redacted but leave dates. They have 14 days from the date of the event to you receiving the PCN

Each notice has the image of the vehicle showing the reg plate thats it.

As I edited the post as you were replying you will see that out of the 10 notices received there are ONLY 2 which fall within the 14 day period of date of alledged contravention and the date of issue of the notice.

Appeals have now been placed for all of them stating the registered keeper was NOT the driver.

[ostell]

And what else was said in the appeals?* The fact that the keeper was not the driver means nothing if the have complied with POFA.

The appeals should have been in the form:


Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

I was not the driver at the time and as there is no legal requirement to name the driver I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


Post up a PCN so that any other POFA failures can be identified.