Response to Roxburghe - Luton APCOA challenge ignored

profborg

Dear all,

Many thanks for your noble work.

After receiving a PCN from APCOA for an overstay at Luton I responded with a letter culled from various responses on this site.

My challenge ignored, I received a letter from Roxburghe (below 5 lines).

I post for two reasons:

1. I would appreciate a member checking my response is good/a good course of action. ( I have read the stickies)
2. I am concerned that Roxburghe are misconstruing the law.

My response:

Reference no.: 237998xx
Dear Sirs,

The debt is disputed and denied.


You write: “A notice was sent to you, as the registered keeper of the vehicle indicating that you could be liable for this charge if it remains unpaid, under the Protection of Freedoms Act 2012. This letter provides notification that you are now liable for this charge and that the total amount due…”


Pofa states quite clearly that keeper liability does not apply on airport land. Your deliberate misconstrual of the law constitutes fraud.


Further attempts to contact me regarding this matter will be treated as harassment. If you do persist I will complain to the Credit Services Association for breach of the DBSG code of practice.

Kind Regards etc.



Many thanks again

Daniel

Redx

you can certainly deny the debt with debt collectors as there is nothing they can do

if you have appealed to apcoa and been ignored, complain to the bpa and dvla

see post #6 https://forums.moneysavingexpert.com/discussion/4816822

Fergie76

Did Roxburghe not recently lose their license?

Redx

they did but its suspended pending appeal , all detailed in other threads on here , but the OP can still ignore them or robustly deny the debt

Mr_Winkle

Perhaps you should bring this to the attention of the SRA for good measure?

The more people who complain to them about the scam, the more likely they are to get their licence revoked.

In any event... It certainly doesn't look like they've changed their spots.

profborg

Mr_Winkle wrote: »

Perhaps you should bring this to the attention of the SRA for good measure?

The more people who complain to them about the scam, the more likely they are to get their licence revoked.

In any event... It certainly doesn't look like they've changed their spots.

Thanks for the responses.

Before I respond to the SRA (who are they?) can you confirm that keeper liability does not apply on airport land and that Roxburghe were indeed behaving fraudulently?

I incurred this charge for being stopped on a non stop zone to drop off passengers at Luton.

Redx

POFA 2012 excludes non-relevant land which includes airports and ports etc

who said Roxburghe have behaved fraudulently ?, that seems a big leap to me and I cannot see any element of fraud in the story so far

they may behave in an underhand manner, but fraud is something you report to the police and not without proof

APCOA are saying you broke their "parking rules" , Rox are the debt collectors chasing a perceived debt on behalf of APCOA

SRA is something like Solicitors Regulatory Authority , check lazydaisys sticky thread as I am sure its mentioned in there

Coupon-mad

Redx wrote: »

you can certainly deny the debt with debt collectors as there is nothing they can do

if you have appealed to apcoa and been ignored, complain to the bpa and dvla

see post #6 https://forums.moneysavingexpert.com/discussion/4816822

This ^^^^^^^

profborg

Redx wrote: »

POFA 2012 excludes non-relevant land which includes airports and ports etc

who said Roxburghe have behaved fraudulently ?, that seems a big leap to me and I cannot see any element of fraud in the story so far

they may behave in an underhand manner, but fraud is something you report to the police and not without proof

APCOA are saying you broke their "parking rules" , Rox are the debt collectors chasing a perceived debt on behalf of APCOA

SRA is something like Solicitors Regulatory Authority , check lazydaisys sticky thread as I am sure its mentioned in there

Regarding the fraud aspect:

Roxburghe's letter states: "A notice was sent to you, as the registered keeper of the vehicle indicating that you could be liable for this charge if it remains unpaid, under the Protection of Freedoms Act 2012. This letter provides notification that you are now liable for this charge and that the total amount due..."

1. It implies that I am liable under POFA 2012, which I am not.
2. Am I really liable when they dont know that I am the driver?

I am going to follow the advice on this thread and respond denying the debt. The only question is whether the quoted excerpt is fraudulent and you dont seem to think so.

Thanking you for your help

Redx

its not a matter of what I think

if its fraudulent it should be reported to whoever deals with it, so if its a criminal act then report it to the police, if its civil fraud report it to the relevant authorities, bearing in mind that ROX have just had their license revoked but its currently stayed pending appeal

in my opinion the matter of it being fraudulent or not has no bearing on any parking ticket case as its a separate entity - in other words if you are appealing a ticket then you carry on regardless , especially when the ticket may fail to be enforced due to not a gpeol , no contract or bad signage , not on if a debt collector letter is misleading or fraudulent

the debt collector cannot take you to court anyway, only the landowner or his legally appointed agent , and has to have locus to do so

more important is your complaints to the BPA and the DVLA

profborg

Thanks for all your help