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#Post#: 62860--------------------------------------------------
Luton Express drop off, APCOA no PCN sent instead Debit Recovery
Notice
DIR By: office@boycottmanor.com
Date: March 17, 2025, 8:38 am
---------------------------------------------------------
MY car was used for a drop off at Luton Express drop off in Dec
2024, the driver forgot to pay the charge.
PCN was never received by APCOA, instead a Debt Recovery Plus
notice came demanding payment.
The V5 was updated and there is no reason for the PCN not to
come through the post. Would you suggest what to do please?
Many thanks for you time!
[attachment deleted by admin]
#Post#: 62879--------------------------------------------------
Re: Luton Express drop off, APCOA no PCN sent instead Debit
Recovery Notice
DIR By: G6PRK
Date: March 17, 2025, 10:25 am
---------------------------------------------------------
If you are certain they hold and have always held the correct
address (i.e. you haven't moved at any point during the
timeline) there is basically no risk here.
APCOA don't typically litigate so the worst case scenario here
is likely a series of debt collector threats for a few years.
Your options are:
1. Ignore the debt collectors up until the (unlikely) event
there is a Letter of Claim - ensure you inform them if your
address changes
2. Send a formal complaint, including the recommended appeal
wording below, pointing out that they must consider it an appeal
per the private parking sector single Code of Practice.
--- Quote ---
> 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
Luton Airport is not 'relevant land'.
>
> If Luton 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 NCP 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.
--- End Quote ---
#Post#: 62933--------------------------------------------------
Re: Luton Express drop off, APCOA no PCN sent instead Debit
Recovery Notice
DIR By: b789
Date: March 17, 2025, 1:09 pm
---------------------------------------------------------
You say "The V5 was updated and there is no reason for the PCN
not to come through the post." When was the V5C updated? The
operator cannot go back to the DVLA a second time. If it was
only updated after the date of the alleged contravention, then
you will need to send APCOA a Data Rectification Notice (DRN)
instructing them to update their recored with your current
address for service and to erase your old address.
Are you sure you updated your V5C? Many people mistakenly think
that updating their drivers licence also updates their V5C. It
doesn't.
Anyway, it is too late to appeal now and you must ignore all
debt recovery letters. DRP+ and their ilk are powerless to do
anything except to try and make the low-hanging fruit on the
gullible tree pay up out of ignorance and fear. You can safely
ignore any debt recovery letters. Never, ever communicate with
these useless vermin.
If your V5C was definitely up to date with your current address
at the time of the alleged contravention, then you can send
APCOA a formal complaint which must also be considered as an
appeal. The suggested appeal above is only useful if you appeal
the initial Notice to Keeper (NtK) you should have received.
A formal complaint will use the content but must also require
APCOA to provide evidence of the actual date the notice was
entered into the postal system as required by the PPSCoP section
8.1.2(e) Note 2.
#Post#: 63118--------------------------------------------------
Re: Luton Express drop off, APCOA no PCN sent instead Debit
Recovery Notice
DIR By: office@boycottmanor.com
Date: March 18, 2025, 3:18 pm
---------------------------------------------------------
Hi, thanks for your messages! Yes the V5 had the correct address
on and there it is rather strange why APCOA's letter were never
received. I will ask for evidence of postage from APCOA and try
to get an appeal. Much appreciated!
#Post#: 66079--------------------------------------------------
Re: Luton Express drop off, APCOA no PCN sent instead Debit
Recovery Notice
DIR By: hman1970
Date: April 8, 2025, 7:11 am
---------------------------------------------------------
Hi all,
I am facing a similar situation. I never received a PCN - I was
looking out for one. But my wife has just shared with me debt
recovery plus letter dated 5th March 2025. Looking at the
previous posts and advice regarding the complaint letter
(below). I was wondering where it should be sent to? Thanks
Hman
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
Luton Airport is not 'relevant land'.
If Luton 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 NCP 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.
#Post#: 66106--------------------------------------------------
Re: Luton Express drop off, APCOA no PCN sent instead Debit
Recovery Notice
DIR By: b789
Date: April 8, 2025, 8:39 am
---------------------------------------------------------
Please start your own thread if you want bespoke advice. It
becomes far too confusing if we are trying to advise when there
is more than one case in the thread.
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