APCOA NTK issued 39 days after event – payment made under old reg – advice needed

Markb06

Hi, 

I've had a read of the newbie thread. But couldn't see the relevant bit to me or I missed it. So I do apologise. 

I’m the registered keeper of a vehicle that recently received a Notice to Keeper (NTK) from APCOA.

The alleged parking event took place on 19 May 2025, and the NTK was issued on 27 June 2025 — which is 39 days later. No Notice to Driver was left on the vehicle at the time, so this NTK was the first notice received.

From what I understand, under POFA 2012 Schedule 4, a NTK must be delivered within 14 days if no notice was placed on the vehicle in order to establish keeper liability. Since this was sent 39 days after the event, I believe it doesn’t comply.

Additionally, payment was made on the day of the parking via APCOA’s app, but due to an oversight, the registration of a previous vehicle was entered instead of the current one. I have proof of this payment.

I submitted an appeal as the registered keeper and have not identified the driver.

Just looking for advice on:

Whether APCOA can still pursue this, given the NTK was issued outside the POFA timeframe

Whether the fact a valid payment was made (albeit under a wrong reg) strengthens the case

If there’s anything else I should watch out for moving forward

Thanks in advance for any help.

Umkomaas

What exactly did you say in your appeal? Did you call them out on PoFA in it? You may need to appeal to POPLA - but let's see how APCOA respond first. 

Whether APCOA can still pursue this, given the NTK was issued outside the POFA timeframe

They can pursue it for as long as they want. Whether they can be successful in doing so is another issue!

If there’s anything else I should watch out for moving forward

Only if you change address within the next 6 years, if this charge isn't resolved by then, write to APCOA requiring them to ERASE the address they hold for you and REPLACE with your new address. 

Markb06

Umkomaas said:

What exactly did you say in your appeal? Did you call them out on PoFA in it? You may need to appeal to POPLA - but let's see how APCOA respond first. 

Whether APCOA can still pursue this, given the NTK was issued outside the POFA timeframe

They can pursue it for as long as they want. Whether they can be successful in doing so is another issue!

If there’s anything else I should watch out for moving forward

Only if you change address within the next 6 years, if this charge isn't resolved by then, write to APCOA requiring them to ERASE the address they hold for you and REPLACE with your new address. 

Dear APCOA,

I am appealing as the registered keeper of vehicle  in relation to Parking Charge Notice

, dated 27 June 2025, for an alleged contravention on 19 May 2025 at Westwood Campus.

This Notice to Keeper (NTK) was issued 39 days after the alleged incident. Since no Notice to Driver was

placed on the vehicle at the time, your Notice to Keeper is required to comply with Schedule 4, Paragraph 9

of the Protection of Freedoms Act 2012 (POFA) in order to transfer liability from the driver to the registered

keeper.

POFA clearly states that if no Notice to Driver is issued, the NTK must be delivered within 14 days of the

date of the alleged contravention. You have failed to comply with this requirement. Therefore, you cannot

legally pursue the keeper, and I am under no obligation to name the driver.

Additionally, I wish to bring to your attention that a valid parking session was paid for on 19 May 2025 via

the APCOA Connect app, but unfortunately the wrong registration was entered — , which was the

previous vehicle owned by us.

This was a genuine human error, and the parking fee was paid in full for the correct location and time. A

copy of the payment confirmation is attached as evidence. No financial loss was incurred by APCOA, and

the vehicle was parked in accordance with payment.

In light of the above:

This NTK is invalid under POFA, and

Payment was made in good faith, albeit under the wrong registration,

I respectfully request that this Parking Charge Notice be cancelled.

Yours faithfully,

Registered Keeper of car in question. 

Coupon-mad

Looks fine. APCOA will cancel or they'll lose at POPLA. Very easy.

Markb06

Coupon-mad said:

Looks fine. APCOA will cancel or they'll lose at POPLA. Very easy.

Thank you.