Roxburghe & apcoa

hobosama

Hi

Advice needed regarding PCN. I received a PCN from "APCOA PARKING" for dropping off/ picking up outside of a designated parking area (Luton Airport). However, due to me forgetting and going on holiday I forgot to make the appeal in time and now I have received a letter from "ROXBURGHE" demanding payment.

The PCN was issued later than the required 14 day period and hence I sent a late appeal letter to APCOA. The letter was obtained from one of the old threads and was sent via 1st class on 6/11/13 and is on appendix 1.

ROXBURGHE has been trying to call me to demand payment and I am not sure what I should do. Advice needed:

1) was my late appeal pointless?
2) whether I still have a case against them?
3) should I just pay Roxburghe?
4) how long should I wait for APCOA's reply and what should my next course of action be?

I have read through many threads but my scenario appears to be different from the ones posted.

Many thanks for your help!

Appendix 1
Dear Sir or Madam,

Charge notice number: xxxxx
Vehicle registration number: xxx

The unlawful issue of a ‘Notice to Keeper’ (BPA AOS Code of PracticeB.22)

I am the registered keeper of a xxxxx motor vehicle registration number xxxxx.

I refer to your PCN dated 30/09/2013.

I assume your “Parking Charge Notice” and the first line being “Notice ishereby served to the registered keeper” that this is a “Notice to Keeper” andalong with other references drawn from the Protection of Freedoms Act (PoFA) itis clear that APCOA is dealing with its claim in accordance with therequirements of Schedule 4 of POFA.

The requirements of Schedule 4 PoFA are quite clear in that there must bestrict compliance with all of its requirements in order to take advantage ofthe rights granted under that Act to pursue the registered keeper in respect ofa driver’s alleged debt.

The BPA Ltd AOS Code of Practice (version 2) supports the need for strictcompliance (para 21.5 refers).

APCOA has however failed to comply with the statutory requirements as follows;

Firstly, in regards to paragraph 9(2)(h) of Schedule 4, PoFA 2012. Whilst your‘Notice to Keeper’ has indicated that you require a payment to be made toAPCOA, there is no specific identification of the “Creditor”, who may, in law,be APCOA or London Luton Airport or, some other party.

PoFA requires a ‘Notice to Keeper’ to have words to the effect that “The Creditoris….”

The wording of Paragraph 9(2)(h) of Schedule 4 of PoFA does not indicate thatthe “creditor must be named, but “identified”. To “identify” a “Creditor” aparking company must do more than name that person. The driver is entitled toknow the identity of the party with whom he has legally contracted.

This view is supported by the Secretary of State for Transport. He has reservedto himself powers to make regulations to specify not only what must be said ina ‘Notice to Keeper’ but also what evidence should be provided.

He says “The purpose of this power is to leave flexibility to mandate thespecific evidence which must accompany a notice to keeper if it becomes clearthat creditors are attempting to recover parking charges without providing keeperswith sufficient evidence to know whether the claim is valid”

Secondly, in addition to APCOA’s failure to specifically identify the“Creditor”, it has failed to provide any evidence that it, or a third party, isentitled to enforce an alleged breach of contractual terms and conditions.

Thirdly, the most serious failure and that which has given me cause to submit aformal complaint to the DVLA.

You have failed to comply with paragraph 9.4 of Schedule 4 of the Act in thatyou failed to give the Notice to Keeper to me within the “relevant period”.

The alleged infringement occurred on the 9th September 2013 and no ‘Notice toDriver’ was issued at the time. The Notice to Keeper is dated 30th September2013 which is 21 days after the event and too late to ensure delivery withinthe statutory 14 days prescribed by PoFA.

Paragraph 9(4) indicates that the Notice to Keeper must be given to theregistered keeper not more than 14 days after the car allegedly infringed thecar park terms and conditions. Paragraph 9(6) states that “A notice sent bypost is to be presumed, unless the contrary is proved, to have been delivered(and so “given” for the purposes of sub-paragraph (4)) on the second workingday after the day on which it is posted” which in this case would be the 29thAugust 2013.

Your company would have been well aware of these facts when it took thedecision to send out the Notice to Keeper under PoFA. You have misrepresentedthe legal position in the full knowledge that there can be no keeper liability.

That is an aggravating feature which the DVLA must take into account indetermining what sanction to issue to your company.

I therefore expect you to immediately cancel the ‘parking charge’ and informme, in writing that you have done so.

If however, you reject this challenge, then, in accordance with the BPA Ltd AOSCode of Practice (version 2) 22.12, please ensure that you enclose all therequired information (including the necessary ‘POPLA code’) so that I mayimmediately refer this matter (and any further issues that I may subsequentlyraise) for their adjudication on the matter.

I do not expect to receive a ‘generic’ template response and which fails toaddress the specific issues that I have raised with you. No furthercorrespondence will be entered into.

Yours sincerely
xx

Coupon-mad

1) was my late appeal pointless? No, we think it is best not to ignore these.
2) whether I still have a case against them? Yes of course, you don't have to pay
3) should I just pay Roxburghe? NOPE!!!!!!!!!!!!!!!!!!!! :eek:
4) how long should I wait for APCOA's reply and what should my next course of action be? Forget about it now and enjoy the imminent festive season!

***********************************************************

Just keep all the letters in case APCOA ever try any stupid late small claim (there are 6 years to try). Highly unlikely as they have no case.

I say 'ignore APCOA now' (unless you actually get a POPLA code and rejection letter of course!) because I think APCOA may not have used a POFA 2012 version of an NTK anyway. Read this because shockingly, the DVLA have started to allow PPCs to operate a 2 tier system (despite the intentions of POFA 2012):

http://forums.pepipoo.com/index.php?showtopic=79059&mode=threaded&pid=819953

...and have a look at your NTK because APCOA have changed theirs over the last couple of months on Airport sites which do not fall within POFA 2012 as 'relevant land'. If it doesn't mention POFA 2012 then it isn't a ticket that can be enforced against a registered keeper. End of scam because they only have your data (the registered keeper). Keep it that way and ignore them unless you actually get a POPLA code with a reply.

As for Roxburghe, here you go, quoted from a sticky thread I created last week for newbies:

If you have letters from any debt collector such as Debt Recovery Plus or Zenith or Roxburghe, and are too late to 'appeal', then either ignore them or robustly respond. NOT IMPLYING WHO WAS DRIVING!

Always still in time to complain to the retailer/landowner of course. NOT IMPLYING WHO WAS DRIVING!



So they have no case against you as the keeper, do not know who was driving so that's that. Don't help them, no talking to Roxburghe.

hobosama

Thank you CM! I didn't write to Roxburgh as they stopped pestering me. I took your advise and enjoyed the festive season but I have now received a response from APCOA as below:

Dear .......

Thank you for your letter received on 11.11.2013 regarding the issue of the above PCN

Unfortunately, we understand the mitigating circumstances, but the PCN was issued and sent on 30.09.2013 and your appeal letter was received on 11.11.2013 which is out of the 28 days appeal timescale as indicated on the PCN. Therefore, we are unable to accept this letter as an appeal. All future correspondence regarding this matter must now be sent and addressed to Roxburgh House at the below address.

With reference to your appeal, we wish to advise that we are not working under Protection of Free Act (POFA), but according to BPA guidelines and have 28 to send a PCN from the date of contravention. Therefore, we are unable to justify the cancellation of the PCN.

Also, please note, all restricted areas are sign posted and clearly state that no picking and dropping is allowed in restricted area unless authorised by the London Luton Airport or any other authorised bodies. Bus lanes and restricted areas are all monitored by CCTV and number plate recognition is in operation. Anyone in contravention of this restriction will be liable for a PCN of up to £80.00. There is a £2 drop off zone in place at Luton Airport. This was introduced to ease traffic congestion at the terminal. We do also offer free parking at the mid-term car park for up to 30 minutes.

yours faithfully

xxx

Please can you advise me on what my next course of action should be?

Stroma

Did you say who the driver was at all? If not on what basis are they pursuing you as the registered keeper? I would be inclined to say this to them

Dear ACPOA

In reference to the letter dated xxxxx, as you are not using the Protection of Freedoms Act 2012 for your invoice, then only the driver is liable, which means you are pursuing the registered keeper, and as that person is not liable for your charge you must cease and desist this action, or a complaint of harassment will be levied at you which will include an injunction if needs be.

I suggest you pursue the driver now! Good luck in finding out who that is as there is no legal obligation on my behalf to name this person. A complaint has been made to the dvla and bpa because of your and your agents unlawful behaviour in this matter

Faithfully