APCOA Luton Airport PCN and Roxburghe

Shan13

Hello there;

Can anyone help me with my situation? I have read numerous threads and have some understanding about my situation but I do not know who to write to and what to write.

I received a letter from Roxburghe dated 27th Jan that came through the letter box on the 01/02/14. I thought I did not receive the initial letter but I only realised today that I did. This was not done intentionally but purely by mistake; so am I too late to appeal ?
Details of my letters:

The first letter has 3 pictures one of which my wife is getting out of the car and another of my reg.

The second letter from Roxburghe is asking for a payment of £128.

Thank you in advance.

Redx

you missed reading this NEWBIES thread https://forums.moneysavingexpert.com/discussion/4816822

Shan13

Thanks for replying. I have read the thread as advised by others on this forum. I assume that I still appeal to APCOA ? If yes, on what ground ? I also plant to respond to Roxburghe as advised on the thread.

many thanks

Redx

in theory its too late to appeal to apcoa as this new letter is from debt recovery, although if you had read that newbies thread it does tell you to appeal anyway and use the usual appeal points which are normally bad signage, not a gpeol and no contract, although with apcoa its likely to also be not relevant land too, but only appeal as RK and not driver, there are numerous appeal templates on here already so find and use one

the appeal to apcoa should have been made soon after the pcn or NTK arrived

Coupon-mad

Shan13 wrote: »

Thanks for replying. I have read the thread as advised by others on this forum. I assume that I still appeal to APCOA ? If yes, on what ground ? I also plant to respond to Roxburghe as advised on the thread.

many thanks

Thanks for the recent pm.

I would now name the driver in order to be able to appeal it in her name and win in the end. The driver needs their own PCN first. So if YOU are the keeper, YOU need to write the letter (example in post #10 of the LBCCC fightback thread).

Shan13

Thank you. I have managed to find 2 templates; one for Roxburghe and one to APCOA. I noticed that my PCN doesn't follow the 14 day rule as the incident happened on 28th Nov and the PCN was issued on the 12/12/13 - I am sure that it did not arrive on that date.

One of my letter starts as following:

Dear Sirs

Parking Charge Number xxxxx

I refer to your letter of 27/01/2012, and earlier correspondence.

Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended ...

and the letter to APCOA:

Dear Sirs,

RE PCN: xxxxxxxxxxxxx
Vehicle Registration No.: xxxxxx

I am the keeper of the above named vehicle and I am challenging your PCN on two grounds.

The first is your extortionate charges . This is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail. I will develop that point further should this proceed to POPLA.

The second is even more outside the rules so to speak.

The Protection of Freedoms Act 2012 is absolutely specific about the time scale that you MUST follow when issuing a notice to owner/keeper. I refer you to the relevant section

9 (4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post 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 working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

I invite you to check the relevant dates of the alleged contravention and the Notice to Keeper. You will see that you have failed to adhere to the lawful time period and I am not, therefore, obliged to name the driver or accept the charge. I believe that this is a regular occurrence for your company and that the BPA take a dim view of this.

I invite you to accept this as my formal appeal and either cancel the charge or send me a POPLA code so that I may appeal to the independent adjudicator and you can attempt to convince the BPA, who I will notify, that your adherence to the POFA timescales somehow don't apply to you .

Yours faithfully,


The Keeper



is this okay to use ?

Coupon-mad

You either send that OR you name the driver if the registered keeper can't cope with this - your choice (not both!).