Debt Recovery Plus - Southeastern railway car park

TORIN0

Hi everyone, would appreciate some guidance if possible 

I have, in the last couple of months (and not initially changed my v5 record, moved house and so correspondence was sent to my old address regarding my "penalty notice" issued at the start of March 2025.

I have recently been given letters from the people who are now in the house and I've received 3 letters from Debt Recovery Plus with the latest stating "we recommended to our client that they appoint their solicitor to start court action against you to recover the £170 that you have failed to pay".

My question is.. do I do anything at this stage? I seem to have missed the appeal window, so is it now a case of ignoring any future letters to see if it gets to 6 months from issue date (start of September), or should I be drafting letters in response?

The "creditor" is APCOA if that matters

Thanks for any help!

Fruitcake

Debt collectors are powerless and can safely be ignored. This is explained in the sticky Announcement for NEWBIES and is essential reading for all parking charge notices.

Luckily, APCOA are benign and it is generally safe to ignore them, but they have six years to bring a court claim, so never say never.

You should send a rectification notice to the DPO of APCOA instructing them to erase your old data and replace it with your current address for service, and tell them to instruct their agents to do the same. Make sure you use the word I have highlighted as it has a specific meaning where data processing is concerned.

Note that railway assets such as car parks owned by Network Rail or a Train Operating Company are covered by railway bylaws. These means they are not relevant land as defined by the PoFA 2012, and therefore the vehicle keeper cannot be held liable for a parking charge notice. It is important therefore that the keeper and only the keeper deals with this, and the driver's identity is never revealed.

Castle

TORIN0 said:

Hi everyone, would appreciate some guidance if possible 

I have, in the last couple of months (and not initially changed my v5 record, moved house and so correspondence was sent to my old address regarding my "penalty notice" issued at the start of March 2025.

Does it really say "penalty notice"?

TORIN0

Castle said:

TORIN0 said:

Hi everyone, would appreciate some guidance if possible 

I have, in the last couple of months (and not initially changed my v5 record, moved house and so correspondence was sent to my old address regarding my "penalty notice" issued at the start of March 2025.

Does it really say "penalty notice"?

That's what it says in the top right of the latest letter where it has registration/dates etc

TORIN0

Fruitcake said:

Debt collectors are powerless and can safely be ignored. This is explained in the sticky Announcement for NEWBIES and is essential reading for all parking charge notices.

Luckily, APCOA are benign and it is generally safe to ignore them, but they have six years to bring a court claim, so never say never.

You should send a rectification notice to the DPO of APCOA instructing them to erase your old data and replace it with your current address for service, and tell them to instruct their agents to do the same. Make sure you use the word I have highlighted as it has a specific meaning where data processing is concerned.

Note that railway assets such as car parks owned by Network Rail or a Train Operating Company are covered by railway bylaws. These means they are not relevant land as defined by the PoFA 2012, and therefore the vehicle keeper cannot be held liable for a parking charge notice. It is important therefore that the keeper and only the keeper deals with this, and the driver's identity is never revealed.

Thanks for the response. I will do that today!

Not sure why I thought it was 6 months and not 6 years

Castle

If it is a Penalty Notice then it will time out after 6 months.

TORIN0

Castle said:

If it is a Penalty Notice then it will time out after 6 months.

Thanks! What would it say on there if it was 6 years?

I'll have a look at the original invoice they stuck to the car later to see what that says, but I'm assuming it'll say the same as the letters from Debt Recovery Plus

Castle

TORIN0 said:

Castle said:

If it is a Penalty Notice then it will time out after 6 months.

Thanks! What would it say on there if it was 6 years?

I'll have a look at the original invoice they stuck to the car later to see what that says, but I'm assuming it'll say the same as the letters from Debt Recovery Plus

"Parking Charge" for breach of a contract; and never assume anything when it comes to parking companies.

TORIN0

Castle said:

TORIN0 said:

Castle said:

If it is a Penalty Notice then it will time out after 6 months.

Thanks! What would it say on there if it was 6 years?

I'll have a look at the original invoice they stuck to the car later to see what that says, but I'm assuming it'll say the same as the letters from Debt Recovery Plus

"Parking Charge" for breach of a contract; and never assume anything when it comes to parking companies.

Just checked the original "Notice To Owner" letter that was received from APCOA, and it also references "penalty notice number".

So is the time limit reached when 6 months from the "offence" has passed? Thanks again

Umkomaas

TORIN0 said:

Castle said:

TORIN0 said:

Castle said:

If it is a Penalty Notice then it will time out after 6 months.

Thanks! What would it say on there if it was 6 years?

I'll have a look at the original invoice they stuck to the car later to see what that says, but I'm assuming it'll say the same as the letters from Debt Recovery Plus

"Parking Charge" for breach of a contract; and never assume anything when it comes to parking companies.

Just checked the original "Notice To Owner" letter that was received from APCOA, and it also references "penalty notice number".

So is the time limit reached when 6 months from the "offence" has passed? Thanks again

Legally yes for a Penalty Charge. But read around the forum how parking firms, and especially debt collectors conflate things in order to prise you from your money. But, APCOA are benign, and particularly once 6 months have expired you can just ignore this, or send APCOA a FRO/GFY letter!