APCOA Ticket - Not sure where we stand now.

TheFitch29

My wife got a parking charge in 2023 from Apcoa for parking without payment in a railway car park. (Bromley, UK)

I told her not to pay it, just run down the clock for 6 months via the usual method of appeal, then popla, etc as a Railway Byelaw ticket (as i understand it) cant be pursued after 6 months. Even if it could, it would have to be the train operator who pursued it, not APCOA.

Unfortunately, Debt Recovery Plus have been sending threatening letters for a while now, upping the amount she ‘owes’.

She got scared once the ‘bill’ hit about £500 and engaged with them to pay £60. They’ve saved her card details and are going to start taking payments towards the debt.

Obviously I know shes been had by the debt company because they had no grounds to pursue her or any power to do anything.

Now that shes engaged with them and paid money towards the ‘debt’ - Where do we stand?

As the original ticket will have expired over 3 years ago, can we tell them to go whistle for the rest?
By paying something has she accepted liability for this debt?

Not sure how to move on this one yet.

Appreciate any advice from the hive mind 👍

Yes i've read the newbies forum but as this has progressed slightly in an odd fashion, I thought it best to get some proper advice.

Car1980

How does a single ticket hit £500?

Show us the paperwork.

Le_Kirk

Debt Recovery Plus' powers are limited to sending increasingly scary letters. Ignore them.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82046004#Comment_82046004

Yep but she's going to have to revoke the direct debit or standing order asap.

Why are people so easily spooked by daft threatograms? Stop those payments immediately.

It only timed out if it was a 'PENALTY NOTICE'. Was it?

TheFitch29

UPDATE:

So as it stands, my wife had has thrown away ALL correspondance, along with the original ticket from 2023, which has obviously made things a lot harder.

The ‘debt’ was around £500. Obviously the debt company have just been bumping it up everytime they send a letter. She paid £60 towards it, with £100 payments set up for a few months to clear it.

I’ve told her to cancel the card so no payments can come out to them.

Where do we go from here?

Im worried that by paying towards the debt, it has essentially meant shes admitted liability.

She doesnt remember if she admitted to being the driver to them either.

I know for a fact that the original ticket is not enforceable under railway byelaws.

Im not sure where we stand from a civil perspective.

ChirpyChicken

you dont go any where from here, why would you

you cancel the Continuous payment authority and get on with your life and learn that you shouldn't be fooled by these these letter

and you stand where you stood before

Gr1pr

It was either a PENALTY NOTICE, or a Parking Charge Notice, bylaws or civil law, 6 months or 6 years , so one or the other

Personally, I would tell her to email a SAR to the DPO at APCOA in order to get copies of all the paperwork and any pictures, adding proof of her name and address as the keeper

Then you can help her check if its Penalties, or PCN'S, bylaws or civil law, 6 months or 6 years

And stop the card or payments to a 3rd party ASAP, cancel the card if necessary

You need to educate her regarding the topic and get her up to date, ASAP

TheFitch29

https://forums.moneysavingexpert.com/discussion/comment/82046270#Comment_82046270

SAR is going to go in today.

Card has been cancelled.

At this point im very much minded to ring the debt collectors and tell them to whistle for it and that ill see them in court and nothing else

Gr1pr

Wont make any difference and you are a stranger to the case, just IGNORE them. !

Concentrate on what matters

TheFitch29

Just so I can explain to my other half who is quite worried over this.

What will the next stages of this look like?

We’re of course going to receive threatening letters.

Realistically - As these are railway bylaws ticket, at this stage, will Direct Recovery Plus have any recourse to county court?

As the criminal liability dies after 6 months, is it still pursuable in civil court?

ChirpyChicken

The next stages dont look like anything

Your overthinking this!

And the answer is no to DRP and no