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#Post#: 70376--------------------------------------------------
Penalty Notice from APCOA "use of private car park without
making a valid payment"
DIR By: terminator x
Date: May 7, 2025, 6:26 am
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Ok so I use this train station car park a lot and this one day
forgot to pay by Ringo. As soon as I remembered I paid but that
was in the afternoon and I parked in the morning. A few days
later this arrives:
HTML https://i.ibb.co/zhHpHfWS/Capture1.jpg
HTML https://i.ibb.co/sYcg7vJ/Capture2.jpg
I then replied using my "standard wording" for private companies
which usually results in them cancelling, not this time though.
My wording:
I have just received your PN xxxxx for vehicle VRM xxxx
The car park appears to be not relevant land as defined by
paragraph 3 of Schedule 4 of The Protection Of Freedoms Act
2012, being subject to byelaws. You cannot, therefore, transfer
liability for the alleged charge from the driver at the time to
me, the keeper.
Even if it were relevant land, you have failed to comply with
the requirements of Schedule 4 of The Protection Of Freedoms Act
2012 namely, but not limited to, failing to deliver the notice
within the relevant period of 14 days as prescribed by section 9
(4) of the Act.
There is no legal requirement to name the driver at the time and
I will not be doing so.
I do not expect to hear from you again, or your debt collectors,
except to confirm that no further action will be taken on this
matter and my personal details have been removed from your
records.
They have now written back rejecting the above with only option
they say being to pay or go to POPLA with an appeal. Their
letter:
HTML https://i.ibb.co/S4ZZYBVf/Capture3.jpg
HTML https://i.ibb.co/rG95kG5D/Capture4.jpg
Can I ignore or do I need to appeal as they suggest?
TX.
#Post#: 70377--------------------------------------------------
Re: Penalty Notice from APCOA "use of private car park
without making a valid payment"
DIR By: DWMB2
Date: May 7, 2025, 6:42 am
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--- Quote from: terminator x link ---
>
> I then replied using my "standard wording" for private
companies which usually results in them cancelling, not this
time though.
>
--- End Quote ---
As a slight aside, the standard wording you refer to is only
suitable in certain circumstances. You claim for example that
the notice was not delivered within the relevant period of 14
days, but with an issue date of 4th April it would be presumed
delivered 8th April, within the 14 day period. It's also not
styled as a Parking Charge Notice but as a Penalty Notice, which
they claim is issued under byelaws.
Have a search on hear for APCOA penalty notices, you will see
much discussion about the issues with their setup. APCOA don't
do court, and in this case if they're alleging a breach of
byelaws it'd need to be magistrates court, which they'd get
nothing from, so even less incentive.
#Post#: 70449--------------------------------------------------
Re: Penalty Notice from APCOA "use of private car park
without making a valid payment"
DIR By: b789
Date: May 7, 2025, 3:28 pm
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Search the forum for recent APCOA Penalty Notice threads. The PN
you received is fake and an illegal attempt to defraud you.
Search for DVLA complaints about this and you could also report
them to the police (not Action Fraud).
#Post#: 77035--------------------------------------------------
Re: Penalty Notice from APCOA "use of private car park
without making a valid payment"
DIR By: terminator x
Date: June 18, 2025, 10:09 am
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Thank you for this I can now rest a bit easier.
They have sent a "legal" letter though which I assume I also
just ignore? Many thanks.
HTML https://i.ibb.co/ksFDsC80/Scan-0196-Redacted.jpg
HTML https://i.ibb.co/W4G2qWZr/Scan-0197.jpg
TX.
#Post#: 77071--------------------------------------------------
Re: Penalty Notice from APCOA "use of private car park
without making a valid payment"
DIR By: b789
Date: June 18, 2025, 1:34 pm
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It is not a "legal letter'. It is a debt recovery letter which
you can safely ignore. Debt collectors are powerless to do
anything except to try and persuade the low-hanging fruit on the
gullible tree to pay up out of ignorance and fear. Never, ever,
enter into any communication with a powerless debt collector.
Ignore.
You have been advised that the Penalty Notice is fake. It is a
criminal attempt to defraud you.
If it were a real Penalty Notice issued under Railway Bylaws,
the ONLY way they can enforce it is through the Magistrates
court by laying an information. They can't, because they are not
the authority that can prosecute this. Even if they were, they
would not receive a penny of any fine that would be imposed by
the court, assuming they were able to prove beyond a reasonable
doubt that you were the "owner" of the vehicle. How do you
suppose they can prove that? There is no official register of
vehicle "owners" and they cannot assume that you are the owner
because you are the registered keeper because if you care to
inspect the front of your V5C, it says in bold white letters
that the V5C is not proof of ownership.
Now they are threatening to try and recover the "debt" through
the civil procedure as a breach of contract. They can't have it
both ways.
Personally, if I were to ever receive one of those Penalty
Notices, I would report them to the police under the Fraud Act
2006, section 2.
You are not merely reporting a civil dispute about a parking
ticket—you are alleging that:
[indent]• A known private company (e.g. APCOA or SABA)
• Has issued what purport to be Penalty Notices
• Using the language, structure and implied authority of
statutory enforcement
• But in fact, these are not statutory fines and no legal power
exists to demand payment in this way
• There is an intention to deceive recipients into paying under
the false belief that this is a criminal or statutory penalty
• This aligns with the criminal offence of fraud by false
representation (Fraud Act 2006, s.2) and possibly even blackmail
(Theft Act 1968, s.21), particularly if there is an implicit or
explicit threat of legal or financial consequences unless
payment is made.[/indent]
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