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Process help please for getting to apeal on a APCO Notice to Owner

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  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    It's a fake Penalty Notice. POPLA can tell APCOA to cancel it because they play along with the scam. However, if POPLA reject the appeal, their decision has no bearing on the price of eggs in China.

    The ONLY way a real Penalty Notice can be addressed is through statutory enforcement mechanisms. As it is a fake Penalty Notice, it simply cannot be enforced, either through a statutory mechanism or as a civil contractual matter.

    NOTHING is going to happen to you if you simply ignore EVERYTHING that comes your way. It is an unlawful scam aimed at extorting money under false pretences which works for them because the vast majority of recipients of these fake Penalty Notices have no idea of that fact and, because of the unlawful language used in the notices, they simply poop their pants and pay up out of ignorance and fear. The classic definition of low-hanging fruit on the gullible tree!
  • Cashby
    Cashby Posts: 61 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Might this work?

    I do not believe that APCOA have the authority from the Train Operator to issue Penalty Notices, and should have issued a Parking Charge Notice because they only have the authority for that.  No criminal offence has occurred under the Bylaw stated. No Train operating company has issued anything (ever) in relation to parking Penalty Notices from APCOA.


    It is not clear from APCOA under which Bylaws the ‘penalty’ has been issued. Nonetheless it is apparent that none of the by-laws are relevant in this case, particularly as the driver(s) and owner remain unidentified. The Registered Keeper is not liable under these Bylaws. An offence can only be committed by either the person in charge of the vehicle or its owner. These remain unidentified. 


    Schedule 4 of the Protection of Freedoms Act does not apply to this railway land because the railway station has its own parking regulations governed by the byelaws, which means the land is not considered "relevant land" under POFA and therefore excludes keeper liability for parking charges.

  • ChirpyChicken
    ChirpyChicken Posts: 1,596 Forumite
    1,000 Posts Name Dropper Photogenic
    edited 17 February at 10:08PM
    If it works it works if not forget about them
  • Cashby
    Cashby Posts: 61 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Thanks for the help.
    If debt collection letters start will they stop after the 6 months is up please?
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 February at 6:03PM
    Cashby said:
    Thanks for the help.
    If debt collection letters start will they stop after the 6 months is up please?
    Probably not. Their Neanderthal approach is to keep going hoping you'll cave; nothing subtle about their business model. But debt collector letters have nothing behind them, they can be safely ignored. Hold strong. Simply place them in a file and forget, period. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    Stop trying to overthink this. Even if you do absolutely nothing, then nothing whatsoever is going to happen to you. Collect the DRA letters and shred them into hamster bedding.
  • Cashby
    Cashby Posts: 61 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    thanks for all the help & coaching,
    just got appeal confirmation of withdrawal by APCOA.

    no reason given for withdrawal but 

    I notice they have also put up a new big sign so hopefully no one will get caught like I did parking in the restricted waiting zone again.
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