Help with railway Apcoa Fine ZZPS now involved

LillacIris

Hi all, I am a newbie to this thread and have read all the required information (there is a lot to wrap my head around) as well as other posts made here, but I still feel uncertain about what I should do next.

Recently, I received a parking fine from APCOA. I used an app to pay for parking, but unfortunately, I paid for the wrong location. The parking next door had an almost identical number, and I didn’t notice until I got my parking fine. So essentially, I paid for parking, but for the wrong location. I appealed, explaining everything, but it was rejected. Unfortunately, I made the appeal before I found this amazing forum with lots of great advice. In the appeal, I did mention that I paid for the parking, which may indicate that I was the driver.

After my appeal was rejected, I was certain that I had paid the discounted fine online, but I cannot find any trace of it. Now, I’m receiving letters from the wonderful ZZPS.

Any advice on what I should do next from anyone knowledgeable or someone with a similar experience would be amazing. I have not made contact with anyone and will certainly not contact ZZPS. I do not mind paying the normal fine, but an extra £70 is extremely exploitative and over the top. All they did was send a letter they have a template for and adjust a few things, which can be done in under five minutes, lol.

Is it worth fighting this? Should I start a POPLA appeal or just bite the bullet?

Before any nasty comments come rushing in—yes, we should all be double-checking to make sure the correct car park location is selected, read terms and conditions etc (that are so tiny you need glasses to read). Mistakes happen. I still think it's very cheeky to have nearly identical car park codes for car parks that are next to eachother, though.

kryten3000

Parking Charge or Penalty Charge?  Date of parking event?

ZZPS can be ignored completely as they have no standing in the matter.  Do not contact them at all.

Coupon-mad

Is it worth fighting this?

Yep but no fight is needed. Ignore APCOA.

Should I start a POPLA appeal or just bite the bullet?

You can't do POPLA late. Paying would be madness IMHO, given nothing happens!

LillacIris

It's a Parking Charge Notice, within the letters it says Penelty Notice though. I guess they are using a different term within the letters to sound more formal? Parking event happened in December. Appeal got rejected January.

Gr1pr

Ignore them 

Coupon-mad

LillacIris said:

...

Before any nasty comments come rushing in—yes, we should all be double-checking to make sure the correct car park location is selected, read terms and conditions etc (that are so tiny you need glasses to read). Mistakes happen. I still think it's very cheeky to have nearly identical car park codes for car parks that are next to each other, though.

By the way there's no 'consumer blame' on this board! We are completely with you.

Lucky for you it's only APCOA. Completely ignore ZZPS and QDR when that letter comes.

Le_Kirk

LillacIris said:

After my appeal was rejected, I was certain that I had paid the discounted fine online, but I cannot find any trace of it. Now, I’m receiving letters from the wonderful ZZPS.

Have you checked with your bank or read your bank/debit/credit card statements to see if you have been debited an amount equivalent to the PCN?

LillacIris

Le_Kirk said:

LillacIris said:

After my appeal was rejected, I was certain that I had paid the discounted fine online, but I cannot find any trace of it. Now, I’m receiving letters from the wonderful ZZPS.

Have you checked with your bank or read your bank/debit/credit card statements to see if you have been debited an amount equivalent to the PCN?

I have checked my statements and also spoke with the bank, no declined tranactions for that amount. So there was either an error on their end which I didn't notice/get notified or my undaiagnosed ADHD brain playing tricks on me. I did check my browser history and it shows that after the appeal got rejected I went on their portal.

LDast

I would suggest that you send a formal complaint to APCOA, highlighting the problematic nature of them suggesting that a penalty charge for an allegedly criminal matter is being pursued by a civil debt collection process. They cannot simply conflate an allegedly criminal matter with civil contractual dispute. It can only be one or the other.

Put it to them that the PN is fake and a deliberate attempt to illegally extort money under false pretences. If it isn't, then why are they not addressing the matter through statutory enforcement mechanisms? If the PN purports to be a breach of contract, then why was it not pursued as such with a PCN?

Here is suggested formal complaint to APCOA, which they will be obliged to respond to:

Subject: Formal Challenge Regarding the Legitimacy of Penalty Notice [Reference Number]

Dear Sir/Madam,

I am writing to formally challenge the legitimacy and enforceability of the above-referenced Penalty Notice (PN) issued by APCOA. Based on my understanding of the Railway Byelaws 2005, the 2018 Department for Transport (DfT) response to POPLA, and the decriminalisation of parking offences under the Road Traffic Act 1991, it is clear that your PN is not a lawful penalty notice. However, this goes beyond an issue of civil misrepresentation—this is an outright criminal matter.

1. Unlawful vs. Criminal: The Fraudulent Nature of APCOA's Actions

Your PN is not merely a procedural mistake or a misunderstanding of the law—it is an intentional and fraudulent attempt to obtain money under false pretences. If this were a genuine statutory penalty for a criminal offence, it would need to be prosecuted in the magistrates’ court, where the burden of proof would be beyond a reasonable doubt. Yet, instead of following the proper legal process, you have deliberately chosen to sidestep statutory enforcement and pursue this as a civil debt through private debt collectors. This is deception by design.

The Fraud Act 2006, specifically sections 1 and 2, defines fraud as knowingly making a false representation with intent to make a gain or cause loss to another. By falsely representing this PN as a statutory fine while enforcing it through civil recovery methods, APCOA has engaged in a criminal offence—misrepresentation with the intent of financial gain. This is not just unlawful; it is illegal.

2. The Incoherent and Illegitimate Nature of Your Enforcement Action

Your approach is contradictory and legally unsustainable. You cannot claim that the PN is a statutory penalty while enforcing it through private civil recovery methods. If this is a statutory penalty, why have you not pursued it through the magistrates' court as required? If it is a civil matter, why was it not issued as a Parking Charge Notice (PCN) in accordance with contract law? It cannot be both, and by attempting to make it so, APCOA is deliberately misleading motorists.

This is a calculated attempt to intimidate recipients into paying an unenforceable demand by falsely implying criminal consequences while avoiding the due process required for a genuine statutory penalty. That is fraud.

3. Illegal Retention of “Penalty” Payments

Genuine statutory penalties issued under Byelaw 14 are required to be remitted to the public purse, not retained by a private company. Yet, APCOA instructs motorists to pay the PN directly into its own bank account, meaning the money is being unlawfully appropriated for private financial gain under the guise of statutory enforcement. If this were a lawful penalty, the money would not remain with APCOA, but instead be transferred to the Train Operating Company or a government entity. Your actions constitute financial misconduct at best and outright fraud at worst.

4. Procedural Flaws and Abuse of Process

Your failure to pursue this matter through the appropriate criminal enforcement mechanisms further exposes the deception behind your operation. If this were a genuine breach of railway byelaws requiring a penalty, you would be required to lay information before the magistrates’ court. Instead, you have chosen to rely on private civil enforcement, knowing full well that you lack the legal authority to impose and enforce a criminal fine.
This is not just an “administrative error” or a matter of legal interpretation—this is an abuse of process and an attempt to circumvent the law for private profit.

5. This is a Criminal Attempt to Extort Money

The key issue here is intent. APCOA has deliberately issued a fake statutory penalty in an attempt to intimidate and extract money under the false pretext of legal authority. That is extortion. Your company is engaging in a coercive and misleading practice designed to exploit motorists’ lack of legal knowledge to obtain payment that is not lawfully due.

Under the Fraud Act 2006, making false representations with intent to cause a loss or obtain a gain is a criminal act. If you knowingly mislead motorists by issuing what appears to be a statutory Penalty Notice but then pursue it through civil mechanisms, you are engaging in fraudulent misrepresentation. The penalties for such offences are severe and include criminal prosecution.

6. Immediate Demands for Clarification

Given the gravity of this matter, I require the following responses from APCOA:

• Confirmation of the legal authority under which APCOA collects payments directly into its own bank account for alleged breaches of railway byelaws.
• An explanation as to why the alleged breach has not been referred to the magistrates' court for prosecution, as required under the railway byelaws, if you believe it constitutes a criminal offence.
• Details of any arrangements between APCOA and the Train Operating Company regarding the collection and retention of penalty payments.
• Clarification of whether the PN is a statutory penalty or a civil contractual charge, and why it was not pursued via the appropriate mechanism (i.e., through the courts if statutory, or as a PCN if civil).

7. Next Steps: Reporting and Legal Action

Unless I receive a satisfactory response that fully addresses these points within 14 days, I will take the following actions:

• Report this matter to Trading Standards, the Office of Rail and Road, the Department for Transport, and the DVLA for investigation into unlawful practices.
• Submit a formal complaint to the police regarding fraudulent misrepresentation and unlawful demands for payment under false pretences.
• Seek legal advice regarding a possible private prosecution under the Fraud Act 2006 for knowingly issuing deceptive penalty notices.

This letter will serve as evidence that you have been given an opportunity to explain your actions. If APCOA continues to issue these fraudulent notices without rectification, I will escalate this matter and pursue legal remedies.

8. Final Notice

If the PN you have issued is not fake, then address the matter through statutory enforcement mechanisms. If your intent was to issue a charge for an alleged breach of contract, you could have issued a Parking Charge Notice (PCN) under civil law. You cannot attempt to conflate an alleged criminal matter with a civil dispute in order to deceive and intimidate motorists into making payments that are not lawfully due. This practice is unlawful, fraudulent, and must cease immediately.

I look forward to your prompt response.

Yours sincerely,

Le_Kirk

LillacIris said:

Le_Kirk said:

LillacIris said:

After my appeal was rejected, I was certain that I had paid the discounted fine online, but I cannot find any trace of it. Now, I’m receiving letters from the wonderful ZZPS.

Have you checked with your bank or read your bank/debit/credit card statements to see if you have been debited an amount equivalent to the PCN?

I have checked my statements and also spoke with the bank, no declined tranactions for that amount. So there was either an error on their end which I didn't notice/get notified or my undaiagnosed ADHD brain playing tricks on me. I did check my browser history and it shows that after the appeal got rejected I went on their portal.

More importantly did they take any money from your account, i.e. debited rather then declined.

LillacIris

Le_Kirk said:

LillacIris said:

Le_Kirk said:

LillacIris said:

After my appeal was rejected, I was certain that I had paid the discounted fine online, but I cannot find any trace of it. Now, I’m receiving letters from the wonderful ZZPS.

Have you checked with your bank or read your bank/debit/credit card statements to see if you have been debited an amount equivalent to the PCN?

I have checked my statements and also spoke with the bank, no declined tranactions for that amount. So there was either an error on their end which I didn't notice/get notified or my undaiagnosed ADHD brain playing tricks on me. I did check my browser history and it shows that after the appeal got rejected I went on their portal.

More importantly did they take any money from your account, i.e. debited rather then declined.

No, nothing has been taken out from my account. I recognise all the transactions made and there is nothing for this one.