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#Post#: 66115--------------------------------------------------
Luton Express drop off, APCOA no PCN sent instead Debit Recovery
Notice
DIR By: hman1970
Date: April 8, 2025, 9:20 am
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7
Hi all,
Earlier in the year my vehicle entered Luton Express drop off
and the payment was not made. 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 similar 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#: 66132--------------------------------------------------
Re: Luton Express drop off, APCOA no PCN sent instead Debit
Recovery Notice
DIR By: b789
Date: April 8, 2025, 10:16 am
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If you've received a DRP letter, then it's too late appeal. If
you never received a postal Notice to Keeper (NtK) that usually
means that you never updated your V5C address last time you
moved. Updating your drivers licence does not automatically
update your V5C and that is where they send the PCN to.
So, check that first. You can easily update your V5C address
online minutes. However, that all not solve the problem that
APCOA hold two possible addresses for you.
So, is your V5C address pu to date and was it so at the time of
the alleged contravention?
Before I advise on how to get this dealt with, please answer the
questions.
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