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Advice is sought please! I recieved a "parking charge Notice" from APCOA at a site of theirs in Staffordshire. Apparently I parked without a ticket, and yet lo and behold there it was in the window.
I located the parking attendant who acknoweldged the validity of the ticket, however, as it was his colleague who has issued the ticket and photographed the windscreen, he informed me their was nothing he could do. He said just to tell the guys in the booth and they would revoke the ticket.
Well that was really going to happen wasnt it. I had a choice. Pay the fine or wait for the office to contact me! So i stuck to my morals and waited for them to chase payment. They never did. As the event took place in april, and we are now in August, and i had to pay within 14 days i thought perhaps they ad cancelled the ticket. No such luck, i received a debt collection letter from Roxburghe.
The otiginal ticket was for £30 now they want £75. Roxburghe wrote to me as registered keeper, information gained from the DVLA. They also inform me on the bottom of the letter that if I was not the driver, i have to inform them who was, and most notably (because it is in bold font)
"Under the terms and conditions associated with this PCCN, it is important to note that every person who enters into a contract with the company for the parking of a vehicle at the car park, whether by purchasing a ticket or otherwise, does so on behalf of himself and all other persons having any proprietory possessory or other financial material interest in the vehicle and its contents. Please note that as a result of this it is our intention to pursue the registered keeper/owner of the vehicle in the absence of driver specifics"
My questions are as follows:
1:
Having traced me as registered keeper via the DVLA, shouldnt they also have included some documentation from the DVAL by way of leaflets or similar as to the code of conduct they prescribed to in obtaining this information. I thought that was a requirement of companies obtaining information from the DVLA?
2:
Can they legally pursue me for the ever growing debt as registered keeper, when they havent provided any proof that i was the driver?
3:
As i have a ticket for the event anyway, and have deliberatly kept it, i do not believe that i am liable in anyway.
So, what should be my next move? I thought of writing and asking them to prove who the driver was at the time, but they have stated in the letter that if i was not the driver i am legally obliged to tell them who was.
is it that simple, or should i fight fire with fire? i do believe that as they did not send the usual "access to you data via the DVLA" leaflet or words to that effect, they have contraveined their right to use the DVLA's service by not making me aware of the proceedures and therefore they should have that option removed from them by the DVLA as part of their code of conduct. can anyone confirm this - as i would love to "screw them over" in much the same way they are trying to screw me over!
Meekle Vs CAPQuest (littlewoods) No CCA produced WON Total alledged debt written off
Dear All
Please note that as a result of this it is our intention to pursue the registered keeper/owner of the vehicle in the absence of driver specifics"
They can pursue the RK all they like, the RK has no responsiblility for a private parking ticket.
As i have a ticket for the event anyway, and have deliberatly kept it, i do not believe that i am liable in anyway.
Keep it safe. It will be interesting to see what a court would make of you being able to produce a valid ticket. (Not that it will ever get to court really)
So, what should be my next move? I thought of writing and asking them to prove who the driver was at the time, but they have stated in the letter that if i was not the driver i am legally obliged to tell them who was.
Really??
I wonder what case law they have established that obliges you to tell them who was driving. Maybe the court will ask them the same question. ;-)
Unpaid Parking Contravention Charge Notice - APCOA
Notice" from APCOA at a site of theirs in Staffordshire. Apparently I parked without a ticket, and yet lo and behold there it was in the window.
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Originally Posted by meekle
