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An interesting circumstance has arrisen for my recently:
I parked in a hotel car park (one night) and told to park in the car park next door - and given a phone number to call to pay by credit card - which I did - £7.
Knowing, of the situations raised here on this forum, I even asked for a phone number to call should I find myself clampped or ticketed - but told there would be no problem sir!
However in the morning I found a ticket on my car - yellow bag "Parking Notice Enclosed" and "warning - It is an offence for any person other than the driver to remove this notice"!
It was a "Civil Penalty Notice" by APCOA - The World of Parking no less!
Funny thing is the date of notice & alledged offence was that of the day I arrived but timed in the early hours of that day - in other words way before I actually arrived.
I arrive at hotel approx 7pm on 12/12/07 but ticket states offence timed at 05.50 12/12/07 - think the 'warden' must have been bleary eyed that morning and incorrectly put the wrong date (should have been 13/12/07, I guess!).
Anyways - I have a credit card statement that shows the payment date & time and my hotel resevation details supporting when I actually parked, yet they have now sent me their first letter chasing for payment:
Notice to owner - informing me that because it remains unpaid the matter has now been passed to their nominated agents (DC's).
It states that they obtained my details from the DVLA and that I am the registered keeper of the vehicle at the date of the offence, and that I am advised that no further communications are to be made to their offices - all enquiries are to be made to their agents (DC).
A whole list of questions with answers are printed on the back of the letter including this gem:
"I have received a penalty but was not the driver at the time of the offence?" - answer: "As you are the registered keeper of the vehicle, you are responsible for any parking fines incurred against it. If a third party was driving the vehicle at the time of offence it is at your discretion to obtain payment from them, however you are initially liable for the payment being made to our offices and recovery action will continue against you until payment is made"
I must laugh - sorry, but if it is an offence for any person other than the driver to remove the parking ticket, then how is the registered keeper party to the offence under contract law, so why have they written to me?
I have chosen to ignore these letters - if they send me a court summonds then I will attend and look forward to defending the case.
Thought I'd share this with all of you - I find it amusing
Paying by phone turns out to be one hell of an expensive way to park, if you end up in this type of situation and having to 'fight' the unfounded allagations, simply due to the inefficiencies of the Private Parking Companies running them!
Do you really want to take it all the way to court?
I really wouldn't waste my time. I know your in the right but wouldn't a simple letter to them telling them to double check their records be more reasonable?
Whatever you decide to do please let us know how you get on
If APCOA run the car park on behalf of the Hotel surely if it does go to Court they will also be able to prove it was you that parked thru the hotel registration records or CCTV. I'm sure it would be far simpler just to forward the payment details with a letter than cause yourself more hassle just for the sake of it?
A court will not look kindly on its time being wasted where one of the parties could have prevented a court appearance by simply supplying a letter with the necessary evidence to disprove a claim.
Perhaps. But since there are many arguments here - the first (and most basic) is that the vehicle was not in the car park at the date and time stated on their form. End of story. Sure, one can go on to say the fee to park was paid etc etc, but this was for a DIFFERENT time period, so the matter centres on the ticket issued as their primary claim - and it's wrong.
Perhaps. But since there are many arguments here - the first (and most basic) is that the vehicle was not in the car park at the date and time stated on their form. End of story. Sure, one can go on to say the fee to park was paid etc etc, but this was for a DIFFERENT time period, so the matter centres on the ticket issued as their primary claim - and it's wrong.
APCOA as an company are not psychic unless the OP tells them of the mistake they will continue to beleive the car WAS in the car park on the day in question. The difference in dates is also probably the reason they continue to chase the claim since the date on the ticket was NOT paid for.
However the parking company are unlikely to take any notice of protestations of innocence. So a simple denial the vehicle was ever in the car par, sent by RD is all the OP need to to ensure that if litigation commences and he has to defend, he has full rights to expenses in the matter.
Paying for Parking by Phone?
, then how is the registered keeper party to the offence under contract law, so why have they written to me?
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Re: Paying for Parking by Phone?
Originally Posted by buzby
