Help with railway Apcoa Fine ZZPS now involved

ChirpyChicken

thats good, ignore ZZPS
Simples!

Coupon-mad

I agree.  IGNORE THESE LETTERS.

Do not send a complaint accusing APCOA of 'a criminal attempt to extort money'! No.

LDast

Then just send a formal complaint requiring them to explain why they are conflating civil and criminal matters? Leave out the accusations of criminality and just send a complaint requiring them to provide answers.

Coupon-mad

LDast said:

Then just send a formal complaint requiring them to explain why they are conflating civil and criminal matters? Leave out the accusations of criminality and just send a complaint requiring them to provide answers.

That's reasonable; a much better approach.

LillacIris

LDast said:

Then just send a formal complaint requiring them to explain why they are conflating civil and criminal matters? Leave out the accusations of criminality and just send a complaint requiring them to provide answers.

Coupon-mad said:

LDast said:

Then just send a formal complaint requiring them to explain why they are conflating civil and criminal matters? Leave out the accusations of criminality and just send a complaint requiring them to provide answers.

That's reasonable; a much better approach.

I have edited the complaint and tried to take out any accusation, is this a better edit to send? Shall I adjust or comepletly take out point 2? 

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

Dear Sir/Madam,

I am writing to formally challenge the legitimacy and enforcement of the above-referenced Penalty Notice (PN) issued by APCOA. I seek clarification on the legal basis for this penalty, particularly regarding the distinction between statutory and civil enforcement.

1. Statutory or Civil Enforcement

   APCOA appears to present this PN as a statutory penalty while enforcing it through civil recovery methods. If it is a statutory penalty under the Railway Byelaws, it should be prosecuted in the magistrates’ court. However, the use of private debt collection suggests a different legal basis. Please confirm whether this PN is being pursued as a statutory penalty or as a civil matter and explain the legal grounds for this approach.

2. Collection and Retention of Payments

   Statutory penalties issued under Byelaw 14 should be remitted to the public purse, yet APCOA directs payments to its own account. Under what legal authority does APCOA collect and retain these payments? Please also provide details of any arrangements between APCOA and the relevant Train Operating Company regarding these funds.

3. Procedural Compliance

   If this PN is issued under the Railway Byelaws, statutory procedures should be followed, including referral to the magistrates’ court. The absence of such action raises concerns about the legitimacy of the enforcement process. If APCOA considers this a statutory offence, why has the case not been referred to the court? If it is a civil matter, why was a Parking Charge Notice (PCN) not issued in accordance with contract law?

4. Request for Further Information

   To clarify this matter, I request a detailed response addressing the following:

   • The legal basis under which APCOA collects and retains payments for alleged breaches of railway byelaws.

   • An explanation of why the alleged breach has not been referred to the magistrates’ court if it is considered a statutory offence.

   • Clarification on whether this PN is a statutory penalty or a civil charge and the rationale for its enforcement method.

I expect a full response within 14 days. If APCOA does not provide satisfactory clarification, I will escalate my concerns to the relevant regulatory bodies, including Trading Standards, the Office of Rail and Road, the Department for Transport and the DVLA.

I look forward to your response.

Yours sincerely, [Your Name]

Car1980

I'd remove the last paragraph. Trading Standards are useless and anyone citing them looks silly in my opinion. 

Le_Kirk

A letter or any missive, starting Dear Sir/Madam should finish with yours faithfully.

LDast

Apart from the Trading Standards threat, send it and let's see how they respond.

LillacIris

A small Update, I have not recieved a response from APCOA in regards to my formal complaint. I did however get a letter from GCTT. 'Warning Notice of Transfer to Solicitors'. Not going to lie this has scared me a little bit as I do not want any trouble but i don't think £155 is justifilable. Especially due to a human error where I stupiditly picked the wrong location but still paid.  

Gr1pr

Ignore,  its just the debt collectors with a different header