Hello All, sorry for the long story, but any advice would be greatly appreciated.
I used APCOA managed parking in Folkestone on 08th April, paid £3 for three hours parking and left 20 minutes before the time expires. But on 10th May, received a letter dated 08th May saying I used the parking without paying the fee. I didn’t have the parking ticket as it was a month before and I threw them away while cleaning the car. So I appealed the fine with a screenshot of payment from my banking app on 10th May itself. Today I received an email from them saying I need to send the evidence of a valid pay and display ticket for considering my appeal. As I mentioned above, I threw them out long back and have nothing else to prove that I paid. So I am planning to respond saying I don’t have the ticket and not going to pay any fine.
But my only doubt is whether there was any typo when I entered the registration number on the ticket machine. In that case, they might have a valid case. If any one experienced anything similar, please could you provide the details on how you handled it?
Many thanks in advance.
I used APCOA managed parking in Folkestone on 08th April, paid £3 for three hours parking and left 20 minutes before the time expires. But on 10th May, received a letter dated 08th May saying I used the parking without paying the fee. I didn’t have the parking ticket as it was a month before and I threw them away while cleaning the car. So I appealed the fine with a screenshot of payment from my banking app on 10th May itself. Today I received an email from them saying I need to send the evidence of a valid pay and display ticket for considering my appeal. As I mentioned above, I threw them out long back and have nothing else to prove that I paid. So I am planning to respond saying I don’t have the ticket and not going to pay any fine.
But my only doubt is whether there was any typo when I entered the registration number on the ticket machine. In that case, they might have a valid case. If any one experienced anything similar, please could you provide the details on how you handled it?
Many thanks in advance.
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sorted bySecondly, you will read lots of stuff all over the place about this - they are just good sincerely held opinions by people.
Finally, all you need is the pages on the Citizens Advice website and the links they signpost you to. Here are just 3 pages you can read and then take the appropriate action.
citizensadvice.org.uk/law…et/
citizensadvice.org.uk/law…et/
citizensadvice.org.uk/law…et/
Good luck.
In which case if they send a charge in the post
"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."
But as mentioned in one of the links above,
“If the notice doesn’t say ‘Protection of Freedoms Act’, there’s no time limit to send it. If it’s delivered more than 7 months after you parked, you can argue it’s unfair to make you pay.”
So looks like my case falls under this. I also checked APCOA and they are registered to BPA (British Parking Association), so they can legitimately get the details of the car owner from DVLA and issue PCN. (edited)
If you have Google location services active on your phone you can also prove the time you left.
The fact you don't have the ticket as proof anymore is a little moot, 1. Because its been so long since you parked there and 2. You've proof that you made a parking transaction at the time period you have been invoiced for.
Be direct, tell them you have supplied proof of paid parking and any further correspondence from them will be seen as harassment and dealt with as such.
Ive had to do it a few times for a railway car park I used to park at when I would get charges for not parking in lines, or not displaying a ticket etc when I have no way of proving it despite being entirely nonsense. A sternly penned letter normally gets rid of them.
Have they presented any kind of evidence of your non payment?
Yes, they have provided the photo of my car entering and leaving the parking which clearly shows my reg no. But no evidence of non payment, just mentioned below in the letter
Contravention
Overstay above allowed period/failure to register vehicle for permitted parking (edited)
But unfortunately the appeals process will all be stacked against you. I had a dispute as a result of incorrect signage and eventually ended up having to spend days tracking down the land owner to get the charge cancelled. Not sure if that is an option in your case but worth looking into who actually owns the land
Having heard many stories like yours I’ve already started keeping hold of old tickets for at least a few months after purchase (edited)
Date of issue of this notice - 08/May/2023
Contravention on 08/April/2023
I will see if I can find out the land owner.
Many thanks
You no longer have the ticket because they didn't issue the notice in good time. (edited)
Thank you
Thank you
We can confirm that this charge has now been cancelled.
Many thanks for all your help.