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#Post#: 50470--------------------------------------------------
Debt Recovery Plus Heathrow drop off charge APCOA
DIR By: Amsy
Date: December 19, 2024, 9:31 am
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Hi,
Please can I have some advice. My mother in law is the
registered owner of the car and she received a letter from debt
recovery plus regarding an unpaid parking charge for Heathrow
drop off.
I am not sure how we forgot to pay the drop off charge but I
have checked through my bank statements and emails and I can't
find anything. However, it says on the letter that we have
already missed 2 payment deadlines - but my mother in law has
only received this letter regarding this.
I contacted APCOA on chat and said what happened and that we
didn't get a reminder or PCN from APCOA and they have said to
email complaints. Is this the best way to go forward?
Thank you for any help and advice you can give.
#Post#: 50491--------------------------------------------------
Re: Debt Recovery Plus Heathrow drop off charge APCOA
DIR By: b789
Date: December 19, 2024, 12:29 pm
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Please tell us you didn't tell APCOA who was driving at the
time? The probable reason no initial Notice to Keeper was
received is because the V5C has not been updated since the last
change of address. Updating the drivers licence does not
automatically update the V5C with the DVLA. You can get that
done online now.
You are past the appeals stage where this could have very easily
been closed off with a very simple appeal. However, you can try
a formal complaint to APCOA (only in the name of the Registered
Keeper) which they must then also accept as an appeal according
to the Private Parking Single Code of Practice (SCoP) section
11.2 which states:
--- Quote ---
> 11.2. Where a parking operator receives a complaint that it
considers to be or include an appeal against the validity of a
parking charge, the parking operator must also treat it as an
appeal for the purposes of applying the timescales in Clause
8.4, and should inform the complainant as such unless and until
it is clear that the complaint is not relevant to an appeal or
the complainant informs the parking operator that they do not
wish it to be so handled.
>
> NOTE: It might not be immediately apparent that a complaint
served as such relates to one or more specific parking charges,
possibly by way of a clarification that reveals that an appeal
would be worthwhile, hence parking operators are advised to
record and handle complaints as appeals until they are found
conclusively not to be so or patently refer to matters not
relevant to the validity of a parking charge.
--- End Quote ---
Your formal complaint should be only from the Keeper as follows:
--- Quote ---
> Subject: Formal Complaint and Appeal Against Parking Charge
Notice
>
> To Whom It May Concern,
>
> I am writing to formally complain about and appeal the Parking
Charge Notice (PCN) issued to me. As I did not receive the
original Notice to Keeper, likely due to an outdated address on
the V5C, this correspondence should be treated as an appeal in
accordance with Section 11.2 of the latest Private Parking
Single Code of Practice (SCoP).
>
> I am the registered keeper. APCOA cannot hold a registered
keeper liable for any alleged contravention on land that is
under statutory control. As a matter of fact and law, APCOA will
be well aware that they cannot use the POFA provisions because
Heathrow Airport is not 'relevant land.'
>
> If Heathrow Airport wanted to hold owners or keepers liable
under Airport Bylaws, that would be within the landowner's gift
and another matter entirely. However, not only is that not
pleaded, it is also not legally possible because APCOA is not
the Airport owner and your 'parking charge' is not and never
attempts to be a penalty. It is created for APCOA's own profit
(as opposed to a bylaws penalty that goes to the public purse)
and APCOA has relied on contract law allegations of breach
against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
APCOA have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
>
> Please confirm receipt of this correspondence and confirm
whether you will cancel the PCN or provide evidence to rebut the
points raised.
>
> Yours sincerely,
>
> [Your Full Name]
> [Your Address]
> [PCN Reference Number]
--- End Quote ---
#Post#: 50524--------------------------------------------------
Re: Debt Recovery Plus Heathrow drop off charge APCOA
DIR By: Amsy
Date: December 19, 2024, 5:23 pm
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[quote author=b789 link=topic=4357.msg50491#msg50491
date=1734632984]
Please tell us you didn't tell APCOA who was driving at the
time? The probable reason no initial Notice to Keeper was
received is because the V5C has not been updated since the last
change of address. Updating the drivers licence does not
automatically update the V5C with the DVLA. You can get that
done online now.
Hi, I didn't reveal who the driver was thankfully. Thank you
for taking the time to write the email complaint - much
appreciated. I have sent the email from the keeper of the
vehicle - hopefully they will reply in our favour.
Thanks again.
#Post#: 50529--------------------------------------------------
Re: Debt Recovery Plus Heathrow drop off charge APCOA
DIR By: b789
Date: December 19, 2024, 5:40 pm
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Had this been appealed initially within the appeal period, this
appeal would have been successful and APCOA would have cancelled
it. At this stage, they may decide not to. However, that is no
big deal. APCOA are benign and will never resort to litigation.
Even if you did nothing and simply ignored all the debt
collector letters, they would eventually stop and that would be
the end of it. They rely on the low-hanging fruit on the
gullible tree to capitulate and pay up out of fear and ignorance
of the law and their rights.
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