APCOA Penalty Notice Railway Parking

LDast

And now you know why APCOA would never take this to court as their fraud would be exposed. They can't take it to court even if they wanted to.

Birkyboy

Very grateful for the advice so far.

This is my draft letter, planning on sending tomorrow. Thoughts?

 

APCOA Parking Ltd

Dingwall

PO Box 5767

IV15 0AX

Parking Notice - Notice to Keeper [GTxxxxxxxx]

 

This letter is a formal challenge to the issue of your Penalty Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

 

I am the registered keeper of vehicle registration number xxxxxxx.

 

I work abroad. I returned home to the UK after a considerable period overseas. Your letter was received my me and opened today, xx xx xx.

Given I received your letter today, I require 28 days to consider appeal, as per the usual terms outlined in your letter.

On no account do I give you permission to share my details with a 3rd party. This would be a gross breach of data protection and I forbid it under any circumstances. I will not enter into any correspondence with any other person / organisation on this matter, other than you, the land owner, a court of law.

I will write to you again within 28 days of this letter, to decide if I wish to appeal.

Very grateful for any initial thoughts

Thank you 

Fruitcake

You haven't mentioned the relevant parts of the BPA CoP that require CRAPCOA to issue a new NTK. You need to do everything you can to edge this past 6 months.

Birkyboy

@Fruitcake
Thank you! :-) 
Yes that would be good to add. Do you happen to know these, or is their a link to a thread that has these? 

Gr1pr

Download the BPA CoP from the BPA website 

Birkyboy

I am adding in a section to the letter, detaining my costs being charged to APCOA....

Birkyboy

Gr1pr said:

Download the BPA CoP from the BPA website 

Yep. Got it now, thanks. 

Umkomaas

Birkyboy said:

I am adding in a section to the letter, detaining my costs being charged to APCOA....

My costs

I hereby give fair notice and warning to APCOA of the following costs that will be incurred, payable to the keeper of vehicle XXXXXXX. Reasonable costs will be billed to APCOA in order to compensate the keeper of the vehicle for time / costs incurred in dealing with this matter, unless Civil Enforcement can prove that these costs should fall to another debtor. In particular, the following costs will be due within 14 days of them being incurred:

Cost of writing a letter to APCOA, POPLA or any reasonable person associated with this PCN: £30

Cost of telephone call to APCOA, POPLA or any reasonable person associated with this PCN: £20

Cost of reading a letter from APCOA, POPLA or any reasonable person associated with this PCN: £30

Other costs that are reasonable £tbc.

If, after a period of 28 days from when the cost was incurred, they have not been paid, the keeper of the vehicle may elect to increase these costs by up to 100%. These costs may continue to increase by 100% every 28 days until they are paid.

Please be advised, there are no charges to you for this letter dated xx xxx 24.

Will get you nowhere. Why 'Civil Enforcement'?

Birkyboy

Umkomaas said:

Birkyboy said:

I am adding in a section to the letter, detaining my costs being charged to APCOA....

My costs

I hereby give fair notice and warning to APCOA of the following costs that will be incurred, payable to the keeper of vehicle XXXXXXX. Reasonable costs will be billed to APCOA in order to compensate the keeper of the vehicle for time / costs incurred in dealing with this matter, unless Civil Enforcement can prove that these costs should fall to another debtor. In particular, the following costs will be due within 14 days of them being incurred:

Cost of writing a letter to APCOA, POPLA or any reasonable person associated with this PCN: £30

Cost of telephone call to APCOA, POPLA or any reasonable person associated with this PCN: £20

Cost of reading a letter from APCOA, POPLA or any reasonable person associated with this PCN: £30

Other costs that are reasonable £tbc.

If, after a period of 28 days from when the cost was incurred, they have not been paid, the keeper of the vehicle may elect to increase these costs by up to 100%. These costs may continue to increase by 100% every 28 days until they are paid.

Please be advised, there are no charges to you for this letter dated xx xxx 24.

Will get you nowhere. Why 'Civil Enforcement'?

'Civil enforcement' is a mistake (thankfully letter not sent yet), that name was left in from a previous letter template the keeper sent! Civil enforcement cancelled their charge, after receiving the first letter of appeal / complaint from the keeper.

I am not expecting it to get me anywhere, just playing them at their own game. 6 month clock as advised.... I will bill them for any subsequent correspondence and have no desire / expectation to receive payment from them. 

LDast

I don't understand why this is being pursued as a Penalty Notice or even a lawful notice of any sort. There is no doubt that UKPC APCOA cannot issue an "offered contract" under the guise of a Penalty Notice, dressed up with all the nasty words such as "penalty", "fine", "offence", "criminal" and so on. Even if it were a real PN, where is the name of the "authority" APCOA are supposedly operating under? Why is the money being paid into APCOA's bank account and not the "authority" (TOC, National Rail etc.)? Why is POPLA adjudicating on secondary appeals for a statutory penalty when it is not within their remit?

I already have an investigative reporter from a major national broadsheet on the case. This ongoing fraud by APCOA is very serious and the BPA and POPLA are complicit in it. The DVLA are also involved as the data controller who has allowed keeper data to be used in this fraud.

As APCOA are contracted to operate at hundreds of train stations throughout the country, you must ask how many motorists have simply paid these supposed "Penalty Notices" out of fear of a criminal prosecution? This is likely to involve tens, if not hundreds of thousands of motorists over the years, considering the number of train station car parks APCOA operate.