Appealing an APCOA parking fine

Shazerina · 05-02-2016 3:08pm #1

Not sure if this is the right place for this and I should probably just try to call or email Apcoa but...
...when a parking fine is issued you have 28 days to pay otherwise it increases by 50%. If you appeal, they say it will take up to 28 days for a decision. Does this mean that on day 28 one should pay a fine as the appeal may not be decided upon until the end of that day? And that presumes you begin your appeal on the same day the ticket was issued... Or does your payment time get extended whilst it's being appealed? Thanks.

neilthefunkeone · 05-02-2016 3:14pm

Was it just a ticket on your windscreen.. If so the gf got a similar one that we 'forgot' to pay. Nothing came of it.

Pretty sure they dont have access to your details from the registration so cant come after you for fines.

Shazerina · 07-02-2016 5:02pm

neilthefunkeone wrote: »

Was it just a ticket on your windscreen.. If so the gf got a similar one that we 'forgot' to pay. Nothing came of it.

Pretty sure they dont have access to your details from the registration so cant come after you for fines.

It was on the window in a little plastic bag with my reg printed on it. In their defence I hadn't actually paid my parking ðŸ˜³
But I did have a fairly valid reason/excuse for not doing so. Which I am hoping will appeal to their better nature...

Shazerina · 07-02-2016 5:03pm

Also, they are acting on behalf of my local council so I guess are authorised to work within the letter of the law...

endacl · 07-02-2016 5:07pm

As above. Appeal a ticket by ignoring it. Appeal a clamp with a grinder.

Unless you parked in a disabled bay. People who do that are the only firm if life lower than pond scum, politicians, and clampers. In that order.

endacl · 07-02-2016 5:07pm

As above. Appeal a ticket by ignoring it. Appeal a clamp with a grinder.

Unless you parked in a disabled bay. People who do that are the only form of life lower than pond scum, politicians, and clampers. In that order.

Jem72 · 07-02-2016 8:18pm

Suggesting that people remove a clamp applied in a public place is incitement towards committing a criminal offence. Taking a grinder to a parking clamp could result in a much more severe fine or even prison and is about the most stupid response you could ever take.

It is different if the clamp was applied on private property as there is not really any legal basis for this at all and some interpretations of the law imply that clamping on private property is in itself illegal. No clamping company wants to test this law in court as there is a risk of them losing a test case and so effectively ending their business. The result is that you will "probably" get away with removing a clamp on private property but you might end up in bother if you damage the clamp. You certainly would not want to chance parking in the same place again if you value your car.

Shazerina · 07-02-2016 11:28pm

endacl wrote: »

As above. Appeal a ticket by ignoring it. Appeal a clamp with a grinder.

Unless you parked in a disabled bay. People who do that are the only form of life lower than pond scum, politicians, and clampers. In that order.

It wasn't a disabled space!
I have already emailed to appeal so too late to ignore. Plus am quite risk averse so am unlikely to ignore it... But thanks for the advice. Fingers crossed they'll be sympathetic/human about this...

endacl · 08-02-2016 1:50am

Jem72 wrote: »

Suggesting that people remove a clamp applied in a public place is incitement towards committing a criminal offence. Taking a grinder to a parking clamp could result in a much more severe fine or even prison and is about the most stupid response you could ever take.

It is different if the clamp was applied on private property as there is not really any legal basis for this at all and some interpretations of the law imply that clamping on private property is in itself illegal. No clamping company wants to test this law in court as there is a risk of them losing a test case and so effectively ending their business. The result is that you will "probably" get away with removing a clamp on private property but you might end up in bother if you damage the clamp. You certainly would not want to chance parking in the same place again if you value your car.

Of course. Not a corpo clamp. They do have a more transparent appeals process though.

Peppa Pig · 08-02-2016 10:49am

Shazerina wrote: »

It was on the window in a little plastic bag with my reg printed on it. In their defence I hadn't actually paid my parking ðŸ˜³
But I did have a fairly valid reason/excuse for not doing so. Which I am hoping will appeal to their better nature...

What was the reason?

savagethegoat · 08-02-2016 9:57pm

they don't have a better nature.

magicbastarder · 08-02-2016 10:15pm

i assume they don't publish grounds on which an appeal might be successful?

Shazerina · 11-02-2016 5:57pm

Peppa Pig wrote: »

What was the reason?

Bringing a sick kid into the gp.
Still haven't heard from them and I have still to contact them to see if payment time is extended if an appeal is ongoing...

L1011 · 11-02-2016 6:47pm

They don't accept any emotion basis appeals. Going for their questionable practices and dxtra legal claims got me a full refund, initially 50% from the first letter and the rest after.

If its a council contract appealing via the council may help but in private land its legal only

Shazerina · 12-02-2016 8:56am

L1011 wrote: »

They don't accept any emotion basis appeals. Going for their questionable practices and dxtra legal claims got me a full refund, initially 50% from the first letter and the rest after.

If its a council contract appealing via the council may help but in private land its legal only

Thanks. You're not the first to tell me that it doesn't matter why you didn't pay/expired. It's black and white in their eyes. Fair enough I suppose...

Cookie_Monster · 12-02-2016 9:00am

Jem72 wrote: »

Suggesting that people remove a clamp applied in a public place is incitement towards committing a criminal offence. T.

no its not. The are illegally restricting free movement of your property and you can do what you like to remedy that. Only if they are council clampers acting under the correct legislation are they actually allowed to clamp you.

Done to death on the motors forum.

Shazerina · 19-02-2016 9:14am

Appeal failed. ðŸ˜ž
Got a letter yesterday - bottom line is that I hadn't paid and should have. You get 10 days from the date on that letter to pay at the 'starting' rate so a slight extension.
Thanks for all your replies. Appreciated it.

endacl · 19-02-2016 1:56pm

The cost of the fine would've easily covered...

http://www.ie.screwfix.com/makita-dga452z-4-angle-grinder-18v-bare-a13ec5.html

If it was a private clamping gang, of course...

Caliden · 19-02-2016 2:10pm

endacl wrote: »

The cost of the fine would've easily covered...

http://www.ie.screwfix.com/makita-dga452z-4-angle-grinder-18v-bare-a13ec5.html

If it was a private clamping gang, of course...

I think OP said it was APCOA acting on behalf of the council so it's a legit ticket with legal backing.

endacl · 19-02-2016 2:13pm

Caliden wrote: »

I think OP said it was APCOA acting on behalf of the council so it's a legit ticket with legal backing.

Still handy to have one in the boot. Along with the other emergency gear.

TheExile1878 · 19-02-2016 2:28pm

Love how the answer to being caught breaking the law, is to break the law again.

Typical Dublin!

AvyStreet · 19-02-2016 7:52pm

Op you could try part payment of the fine.
How do they take payment ?

I'd try to pay 10% then forget them. If they cash it you're technically complying.

eirbear1989 · 22-02-2016 3:46pm

Shazerina wrote: »

Which I am hoping will appeal to their better nature...

APOCA don't have a "better nature" I got clamped in a train station, I had bought my weekly parking ticket which had slipped off my dash onto the seat, still perfectly visible from the window. I was clamped and they would not release until I paid them. Being a student at the time I was broke enough as it was so i had to ring my mam abroad to get her card to get it released. I appealed the decision and told them to check the CCTV in the carpark. The appeal was declined due to ticket not being on the windscreen, and they told me the CCTV in said carpark was not clear enough to make me out going to the ticket machine (made me wonder if that's why there was constantly broken windscreens and windows). I stopped parking in said carpark as I wouldn't give them the money especially after they doubled their weekly rate.

I have never heard of anyone being successful in appealing an APOCA or NCPS parking fee.

My advice is not to pay it, and it is a private company they are unable to get your address etc unless you provide it to them (county councils do have access to this information) there is nothing they can do to follow up on it.

The second time I was clamped - same company different carkpark - I got clamped in my friends parking space as there was two small cars in it. It was a long space so I pulled in tight to her, we both had permits and were not obstructing anyone else. Due to other spaces being full it was the only option I had. I got clamped and got a friend down with an angle grinder to remove the clamp. She got a letter in her post box "to the owner of (my reg plate)" I opened it and it said I had to pay the €120 release fee plus damages but they hadn't a clue who I was. I changed my car soon after which was probably a good thing!

Shazerina · 23-02-2016 1:03pm

Thanks. But I paid it. Mea culpa at the end of the day. I tried to appeal as it was a genuine mistake. But sin é...c'est la vie... (Not bad to get 4 different languages into a post!)

RainyDay · 23-02-2016 3:26pm

eirbear1989 wrote: »

Due to other spaces being full it was the only option I had.

Other spaces being full is a good reason for parking illegally.

Appealing an APCOA parking fine

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