Parking Enforcement APCOA (Luton Airport)

Nemo1966

I have a new development on the Roxbridge - APCOA letter saga. I got a letter from APCOA a month or so ago stating I parked at luton etc etc (although on that day I was in Nottingham and in fact my car and/or myself has never been to Luton and I have owned the car since new)...

anyhoot at the bottom of the letter they have started to add this paragraph

We are fully aware of anecdotal information being presented via the internet and on various websites and you may feel this advice worth following. We strongly urge you to seek independent legal advice rather than rely on these opinions, and we would suggest that you refer to the Civil Procedure Rules part 31*, and more specifically parts 31.16 and 31.17.

I can provide a scan of the letter if needed.

It's seems they are onto us and the advice given on here is "anecdotal". Although I haven't a clue what the Civil Procedure Rules stuff is about or more to the point how they are implying it has an effect on their scam?

trisontana

These idiots forgot to add the "Civil Procedure Rules part 31*, and more specifically parts 31.16 and 31.17." does not apply to the small-claims track.

Yet more misinformation (or is it lies) from these bunch of clowns.

sweetsuki

I read Nemo's posting and agree this was in the wording on the letter I received today.
It led me to look for info on the web and to find this wonderful website today.
As Maggie Thatcher said--its a funny old world----I would be sitting now worried sick if I had not had the lovely reply I received today from Coupon-mad, thankyou again.
Sweetsuki

Hadeon

GoldenSwan wrote: »

And am I right in thinking we can all park in private car parks without paying, without any fear of repercussion?

trisontana wrote: »

I suppose that by not paying the appropriate fee you are technically committing theft.

Sirdan wrote: »

No as I understand it you can't thieve a service (i.e. parking) only a thing i.e. property.

It may be a crime but I can't get my head round exactly what it may fall under...still I'm sure HO87 will be along to tell us soon.....

Avoiding a parking charge certainly does not fall within the scope of the Theft Act, but I believe that Section 11 of the Fraud Act 2006 may well fit the 'bill' here (pun intended)
　
(1)A person is guilty of an offence under this section if he obtains services for himself or another—
(a)by a dishonest act, and
(b)in breach of subsection (2).
(2)A person obtains services in breach of this subsection if—
(a)they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b)he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c)when he obtains them, he knows—
(i)that they are being made available on the basis described in paragraph (a), or
(ii)that they might be,
but intends that payment will not be made, or will not be made in full.
(3)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

HO87

Sirdan wrote: »

No as I understand it you can't thieve a service (i.e. parking) only a thing i.e. property.

It may be a crime but I can't get my head round exactly what it may fall under...still I'm sure HO87 will be along to tell us soon.....

You couldn't make it up!

In years gone by there was the possibility that proceedings could have been taken under the Theft Act 1978 - obtaining a service by deception. However, that offence has been repealed by the Fraud Act 2006 and leaves us with a rather more nebulous offence of fraud by false representation. It could be argued (though I am not proposing the argument in any serious sense - just for illustrative purposes) that entering onto land access to which was patently conditional - on a payment, for example - would imply an acceptance of those conditions. Therefore were you to enter the land intending not to pay that could constitute a false representation - deceptive behaviour.

Thin as b*ggery but an argument could be made out. As with all such instances as this the biggest hurdle always is trying to prove the required dishonesty i.e. intent and that is why many similar situations are dumped into the "civil dispute" basket.

IMHO the Fraud Act instead of being the so-called simplification of fraud and deception offences is actually a fair sized crock of brown-and-sticky creating more loopholes than it closed off and turning what had been clear criminal conduct in the past into non-offences.

Nemo1966

HO87 wrote: »

You couldn't make it up!that offence has been repealed by the Fraud Act 2006 and leaves us with a rather more nebulous offence of fraud by false representation..

Isn't this exactly what the PPC's are doing?

HO87

Nemo1966 wrote: »

Isn't this exactly what the PPC's are doing?

Completely, however the same negative argument always applied and that is, because they (or their staff) believe that they have a right to impose such charges the required element of dishonesty is absent. That neatly renders any wrong a civil matter.

jake14

Just got the same threatening letter from APCOA .... 'the world of parking apparently' like everyone else I was tempted to write and appeal, engage, but now it seems ignore is best and if you get any calls as a helpful user on one of the forums says, tell them you expressly deny the debt and to refer back to their client tell them you are recording this call and that they are committing an offence if they continue to call.

However, these scams make my blood boil, and what can we do about it en masse?

Complain to Luton Airport Management
Complain to the Office of Fair trading ?
Get a trending topic on Twitter?

I'm assuming that complaining to APCOA will be a total waste of time.

Any ideas peeps?

Sirdan

jake14 wrote: »

Just got the same threatening letter from APCOA .... 'the world of parking apparently' like everyone else I was tempted to write and appeal, engage, but now it seems ignore is best and if you get any calls as a helpful user on one of the forums says, tell them you expressly deny the debt and to refer back to their client tell them you are recording this call and that they are committing an offence if they continue to call.

However, these scams make my blood boil, and what can we do about it en masse?

Complain to Luton Airport Management
Complain to the Office of Fair trading ?
Get a trending topic on Twitter?

I'm assuming that complaining to APCOA will be a total waste of time.

Any ideas peeps?

Just ignore them. The way they have set it up you have not even entered into a contract with them IMHO, not that it matters they don't do Court anyway just stupid threats (check my signature)

What happened did you overstay in the 10 mins area ?

You definitely will not get any joy with the Airport ,they are part of the problem not the solution.

OfT won't be interested in the APCOA letter as it doesn't really break any of their rules it's just an invoice.

I'm too old to understand Twitter :rotfl:

ferretuk

I've just had the 'Parking Enforcement Notice' as well - Dropping off outside of a designated parking area. Thanks to the advice here, now ignored.

To the posters who suggest contacting Luton Airport I have to say that my departure from the airport left a really unpleasant taste in my mouth - What a bunch of money grabbing so and so's the management there are!

1. I've read they charge £2 (non-refundable) for the use of a trolley - Didn't notice this myself
2. Option to pay (£3?) to bypass the security queue
3. £1 for four plastic bags if you need to bag up toiletries in hand baggage!