Apcoa parking 'fine' at Luton

smartie406

Dear friends,
I received a 'ticket' from Apcoa served to me on 1./10/13 for a contravention which occurred on 13/9/13, i.e. over 14 days after the contravention. I chose to ignore the 'ticket 'at that point after reading some of the advice but not the more recent advice.
Should I appeal to Apcoa even though almost 2 months have passed. Also, I received a notification from Roxburgue now demanding £128.00.
I will not respond to them until I get some advice here.
The contravention was for dropping off/picking up outside of a designated parking area. A passenger jumped into the passenger seat while the driver halted for a few brief seconds.
Please instruct where I should address my appeal. If I understand correctly, I should not simply ignore the situation.
Thanks for your help!

Coupon-mad

APCOA have changed their NTK/NTO letters in recent weeks and now use ones for Airports which do not mention POFA 2012 nor 'registered keeper liability'. Which type of Notice have you got, if you can just check the small print?

If it mentions POFA 2012 and rk liability then report them to the BPA for non-compliance as per this thread (without naming the driver of course):

https://forums.moneysavingexpert.com/discussion/4816822

Even if it doesn't, yes I would still appeal it, maybe send this sort of appeal tweaked to suit and delete anything NOT applicable to your Notice:

https://forums.moneysavingexpert.com/discussion/comment/62859837#Comment_62859837

HTH

smartie406

It does not say anything about rk liablity or POFA 2012. I'm just worried about appealing now seeing as 2 months have passed. Thanks for your help.

Coupon-mad

This is nothing to worry about and as they haven't bothered with registered keeper liability, then registered keeper liability is something they do not have! So as registered keeper you are completely untouchable!

So see off Roxburghe like this, obviously writing as the registered keeper ONLY:

https://forums.moneysavingexpert.com/discussion/4814108


And also it is best to appeal (albeit late) to APCOA as the registered keeper of course, not stating who was driving AT ALL:


Dear Sir/Madam,

‘Notice to Owner/Keeper’ ref number xxxxxxxxxxxxxxx

I write to challenge the Notice to Owner and to inform you that APCOA has failed to meet the strict requirements that might have enabled you to pursue this matter with myself (the registered keeper).

I see that you have used a misleading Notice which copies the name of a Local Authority Notice by including the word 'Owner' in the title. This appears to me as a clear impersonation of authority - a stance which is specifically prohibited in the BPA Code of Practice and which breaches the Consumer Protection from Unfair Trading Regulations 2008.

If you wish to pursue this matter you can only address it to the driver, who has not been identified on this occasion - unless APCOA took any steps to serve a notice at the time to the driver or otherwise identify that person. If you did, then that it the only person you can now potentially pursue, as APCOA is well aware of since you are operating on a site that is not 'relevant land' under POFA 2012. To send me letters just because I am the registered keeper is harassment of the wrong party.

Take formal note: I will not be assisting you in trying to identify a driver from several weeks ago and if you try to tell me that I must, then you will be reported to the BPA Ltd and DVLA as well as other appropriate authorities relevant to your breach. I have written an official complaint to Roxburghe and so they must now return the file to you in order that the papers are destroyed.

If you pursue the matter against me as registered keeper and issue any further correspondence or make any form of contact (except to cancel the charge or reject this challenge and send me details of how to appeal to POPLA) this will be considered harassment. In that event I will lodge an official complaint with the BPA Ltd and the DVLA AOS Compliance Manager, as well as with the Office of the Information Commissioner. I also reserve the right to forward a complaint to the relevant Trading Standards office concerning your commercial practices which which appear to be in breach of the CPUTR 2008 and the BPA CoP.

Take formal notice that I will of course include your client (the landowner, Peel Holdings) in any complaints and, in addition, they will be named as jointly and severally liable in any future court claim I may seek to lodge with MCOL, for damages for harassment and specific breaches of the above regulations.

I do not expect to receive a generic template response and which fails to address the specific issues that I have raised with you. No further correspondence will be entered into, except a POPLA appeal which I will gladly submit if APCOA choose to fund that stage.

No further warning will be given if I pursue the matter through the Small Claims Track against APCOA and your client at this site, Peel Holdings.

I therefore expect you to immediately cancel the ‘parking charge’ and inform me in writing that you have done so. In addition, APCOA are required to remove my personal data, and that of the vehicle, from all formats of storage immediately following cancellation, since you have no lawful excuse to keep my data.

Yours faithfully,

PRINT NAME' (no need to give them your real signature)

smartie406

Do you not think this is a good letter?

Dear APCOA,

Re fake PCN number XXXXXXXXX

I am writing as I am the registered keeper of vehicle registration number XXXXXXX and was sent a fake parking ticket from yourselves.
Please be advised that the so called penalty notice was only issued on 1/10/13, which is over 14 days from the so called infraction of 13/9/13. Therefore it is not valid to enforce it. Furthermore, the road layout at Luton Airport is confusing and badly-signposted which I am sure you will already know from previous complaints and appeals. And yet under the BPA Code of Practice you have a duty as an AOS member to clearly signpost an area you wish to enforce. Those signs must be visible an readable when a driver is still in the car, but at Luton Airport you have failed in this regard so seriously that one wonders if it is deliberate.
Due to the uncertainty regarding stopping points, the driver contends it was not clear at all and the car stopped for seconds, at which point a passenger spotting the car jumped in. Your signage failure not only breaches your own industry code but is also unfair and a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Unfair Terms in Consumer Contracts Regulations 1999.

The driver entered into no contract with APCOA and as the registered keeper I am not liable either. Unfortunately for you, due to your own disregard of the BPA Code of Practice you have failed to establish 'keeper liability' as defined in the Protection of Freedoms Act 2012 (POFA). In addition, Luton Airport land is covered by statutory byelaws and as such I believe it is not 'relevant land' as defined in Schedule 4 at all.

For your further information, it is in the public domain that Luton Airport's parking enforcement is already the subject of an ongoing Police investigation in recent weeks, due to the allegedly illegal actions of their clamping/towing agent who have been forced to suspend activity. No doubt your Senior Management are aware of this and I am sure APCOA do not wish to follow suit.

If APCOA refuse to cancel this 'ticket' then I invite you to reply to me at the above address stating your reasons and giving me a POPLA code. I will be more than happy to show POPLA the various breaches relating to this ticket and to call into question your lawful status and your attempt to blindly rely upon the POFA when Schedule 4 does not apply on Airport land. I will, of course, require a copy of your contract to be shown to POPLA - among other evidence - and the POPLA decision will be, as ever, at your expense.

I suggest it's cheaper and fairer for APCOA to address these issues and cancel this so-called 'parking' ticket, putting right your signage forthwith before a well-meaning person reports the glaring omissions to the BPA and DVLA.

Sincerely,

Umkomaas

What's wrong with the excellent draft that Coupon-mad gave in post #4?

Coupon-mad

Well I also wrote that original one - but it was months ago when APCOA were using a NTK with POFA 2012 on it. Things have changed and this bit is wrong in your case, because they haven't used a POFA version so the 14 days doesn't make it unenforceable, per se:

Please be advised that the so called penalty notice was only issued on 1/10/13, which is over 14 days from the so called infraction of 13/9/13.
Therefore it is not valid to enforce it.

and this bit is out of date:

For your further information, it is in the public domain that Luton Airport's parking enforcement is already the subject of an ongoing Police investigation in recent weeks, due to the allegedly illegal actions of their clamping/towing agent who have been forced to suspend activity.

and APCOA have seen it all before because lots of people used that old template!

Whereas the one I just wrote in post #4 is designed for your case.

smartie406

Thanks for all your help. I'll use the new draft then. Thank goodness you understand all these regulations because I sure don't.

smartie406

I see that you have used a misleading Notice which copies the name of a Local Authority Notice by including the word 'Owner' in the title. This appears to me as a clear impersonation of authority - a stance which is specifically prohibited in the BPA Code of Practice and which breaches the Consumer Protection from Unfair Trading Regulations 2008.

The above quote from your template doesn't seem to be true in the case of my notice. It is titled Parking Charge Notice
Addressed "to the respondent"
Then goes on to say Notice is hereby served to the registered keeper of vehicle registration XXXX
Should I just leave out the above paragraph or should I alter it in some way. There is not name of a local authority or the word "owner"

Thanks as ever,

Coupon-mad

Yes, leave it out. They have made a recent change then!

smartie406

Hi again!
I have now done the letters to Apcoa and Roxburgue.
Please tell me that this will be the end of this incident and they will drop charges. I hope it is not usual for things like this to get as far as court???