Luton Airport APCOA PCN

Turnerarm

I have received a PCN from APCOA, 8 days after the date of their "invoice" and 22 days after the date of the alleged event. I have looked at this forum and it appears this is something that can be challenged by the registered keeper of the vehicle? I have responded with the letter below as registered keeper - can the experts on this matter confirm I have written correct wording as I don't want to speak to anyone on the phone nor be harrassed and chased by debt collection letters?! No parking ticket was received at Luton Airport and the photos they pasted into their PCN were shown as late at night in the rain with the headlights/rearlights on the car so not parked in any way:

Dear Sirs

Parking Charge Notice No. xxxx
Vehicle Registration No. xxxx
Speculative invoice dated xxxx - 22 days after the date of thealleged event on xxxx

I referto the above notice, which I received on xxxx. As registered keeperof the car I appeal against the above notice and challenge on the followinggrounds:

a) The sum sought does not represent a genuine pre-estimate of yoursor your principal’s loss, nor is it a core price term. It is a disguisedpenalty and not commercially justified.

b) In the absence of any evidence it is my case that you lack any orsufficient proprietary interest in the land.

c) Luton Airport land is covered bystatutory bylaws and as such I believe it is not 'relevant land' as defined inSchedule 4, POFA 2012. APCOA is claiming the right to'registered keeper liability' under the POFA when that right is not availableon land covered by local bylaws, therefore the registered keeper cannot be heldliable.

d) As registered keeper I believe that the signs were not seen, thewording is ambiguous and the signage on site is deficient and fails to complywith the British Parking Association's Code of Practice, Annexe B.

e) Your notice was deficient and fails to comply with Schedule 4,Protection of Freedoms Act.

f) There was no consideration or acceptance flowing from bothparties, and any contract with myself, or the driver, is denied.

g) This is not a 'parking ticket' but an unsolicited invoice with no legalmerit.

Itherefore expect you to uphold this appeal and immediately cancel the ‘parkingcharge’ and inform me in writing that you have done so.

Inaddition, APCOA are required to remove mypersonal data (and that of the vehicle) from all formats of storage,immediately following cancellation, since you have no lawful excuse to keep mydata.

I do not expect to receive a ‘generic’ template response that fails to addressthe specific issues that I have raised with you. No further correspondence willbe entered into.

If, however, you reject this appeal, then in accordance with the BPA AOS Codeof Practice 22.12, please ensure that you enclose all the required information(including the necessary ‘POPLA code’) so that I may immediately refer thismatter (and any further issues that I may subsequently raise) for theiradjudication on the matter. I would assume the appeal will be deemed acceptedif there is no POPLA code on any rejection that you supply.

I havekept proof of submission of this challenge and I look forward to yourconsidered reply within 35 days.

bazster

That'll do fine, but don't expect it to be accepted: you'll probably have to appeal to PoPLA next.

I've never heard of anyone being harassed or chased by a debt collector's letter. They plop on your doormat and you throw them in the bin, they're not capable of chasing you down the street yelling at you!

Turnerarm

Many thanks. I wasn't sure whether to just to ignore or write.

Redx

if its england or wales you should always appeal using the template letter in the NEWBIES sticky thread