DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 77600--------------------------------------------------
APCOA - Penalty Notice Wimbledon Station - Hire Vehicle - Byelaw
14
DIR By: Rackett78
Date: June 22, 2025, 2:38 pm
---------------------------------------------------------
Hi,
Normally I would ignore all APCOA "penalty notices" I receive at
Wimbledon Station purporting to enforce Railway Byelaw 14 (PN
Attached) however unfortunately I was the named hirer of a
vehicle and a PN was placed on its windscreen.
I have contacted Auxillis with the following message:
Dear Auxillis
Auxillis Reference: ******
Replacement VRM: RJ73 EJV
Personal VRM: *****
Personal Address: ******
Re: Issuance of "Penalty Notice" by APCOA Parking on 11/06/2025
at 11:16 am; Notice number: SW80008132
A "Penalty Notice" was placed on the windscreen of VRM RJ73 EJV
at Wimbledon Train Station. I was the nominated hirer of the
vehicle at the time. APCOA Parking Ltd was the company who
issued the notice.
The notice issued by APCOA is not a lawful Penalty Notice under
Railway Byelaws. APCOA parking is an unregulated private
parking company, not a prosecuting authority and thus has no
legal power to issue criminal penalties.
Please note that I will not be paying or responding to this
unlawful "penalty notice" issued by APCOA. Should you receive
any future correspondence from them my personal address is
above.
Yours sincerely,
*******
Auxillis have responded with:
Good afternoon,
Thank you for your email.
We would advise you make an appeal to the penalty issuer, APCOA
Parking, if you believe you have grounds to do so.
APCOA are a member of the British parking Association, it is
likely if you decide to ignore their notice that they will take
further action against you.
Should we receive the penalty from APCOA Parking as a result of
you not dealing with it we will represent your details to APCOA
to request the penalty to be redirected to you at your home
address. Should you fail to deal with the penalty at this stage
and it is returned to us we will pay the penalty and recharge
you the full cost.
Any notification we receive in relation to this penalty will
incurr an administration charge of £60.00 as per the terms and
conditions.
If you have any questions, please do not hesitate to contact.
Yours sincerely,
Client Charges
Auxillis
I have not yet re-responded to Auxillis
I can see how this is gonna play out if I ignore it - APCOA will
request RK details and send letter to Auxillis, they will then
try and charge me £60 to handle this (or worse still actually
pay the PN + add an admin charge) which I will then refuse to
pay/reimburse them thereby entering into an additional legal
argument with Auxillis of how this isn't a valid Penalty Notice
relating to their T&Cs of hiring (attached - clauses 18 and 19)
I was therefore debating appealing to APCOA directly so at least
they have my personal details to send any subsequent enforcement
/ debt collection notices etc that I can then ignore and cut out
Auxillis altogether? I just don't know if APCOA will still
approach Auxillis as the RK even if I do this?
Your thoughts on the correct approach would be greatly
appreciated
Thanks
[attachment deleted by admin]
#Post#: 77610--------------------------------------------------
Re: APCOA - Penalty Notice Wimbledon Station - Hire Vehicle -
Byelaw 14
DIR By: jfollows
Date: June 22, 2025, 3:48 pm
---------------------------------------------------------
Please clarify: who is “Auxillis” and what do they have to do
with this?
#Post#: 77611--------------------------------------------------
Re: APCOA - Penalty Notice Wimbledon Station - Hire Vehicle -
Byelaw 14
DIR By: Rackett78
Date: June 22, 2025, 3:55 pm
---------------------------------------------------------
Apologies for not being clear. Auxillis are the Vehicle Hire
Company
They are the registered keeper of the vehicle RJ73 EJV that I
was hiring and will receive the enforcement notices when I
ignore the APCOA Penalty Notice
Auxillis will then charge me "admin fees" as per their hiring
T&Cs for having to handle the Penalty Notice on their vehicle
#Post#: 77612--------------------------------------------------
Re: APCOA - Penalty Notice Wimbledon Station - Hire Vehicle -
Byelaw 14
DIR By: jfollows
Date: June 22, 2025, 3:56 pm
---------------------------------------------------------
If they are the registered keeper of the vehicle for which you
are the hirer, you need to wait for them to inform APCOA of
this, then you should receive your own Notice to Hirer from
APCOA, addressed to you.
You should appeal this notice since it won’t comply with the
requirements to hold you liable.
If “Auxillis” charge you £60, that’s a different problem.
Sometimes the terms and conditions rescind the “admin fees” if
you are successful, which you will be.
You can’t reply to APCOA directly to a Notice to Keeper if
you’re not the keeper.
#Post#: 77614--------------------------------------------------
Re: APCOA - Penalty Notice Wimbledon Station - Hire Vehicle -
Byelaw 14
DIR By: Rackett78
Date: June 22, 2025, 4:12 pm
---------------------------------------------------------
There is no Notice to Keeper as yet
The Penalty Notice was affixed to the windscreen of the hire car
when the driver returned to the vehicle.
In the notice it states I can technically challenge within 28
days otherwise after this date then APCOA will send the "Notice
to Owner" - i.e. Auxillis - at which point Auxillis will then
pass on my details and charge me £60 for the privilege of doing
so
The point is I will then be in a second predicament with the
hire company Auxillis demanding administration payment from me
which I do not want to pay or have to get into legal wrangling
with them about "breaking their T&Cs" for this False APCOA
Penalty Notice
#Post#: 77620--------------------------------------------------
Re: APCOA - Penalty Notice Wimbledon Station - Hire Vehicle -
Byelaw 14
DIR By: Half way
Date: June 22, 2025, 4:46 pm
---------------------------------------------------------
The British Parking Association is not a regulatory body, as
made clear on the BPA site here, under "What dont we do":
HTML https://www.britishparking.co.uk/about
Something Auxillis may need pointing to
#Post#: 77639--------------------------------------------------
Re: APCOA - Penalty Notice Wimbledon Station - Hire Vehicle -
Byelaw 14
DIR By: b789
Date: June 23, 2025, 2:50 am
---------------------------------------------------------
Any Penalty Notice issued by APCOA is fake. I have copies of
correspondence from other APCOA Penalty Notice cases where they
have admitted as much. The problem for you as the Hirer, is that
Auxillis will not be aware of this and may invoke whatever terms
and conditions of the hire agreement they think they can use to
get the Penalty Notice off their backs when APCOA eventually
send their fake "Notice to Owner", which is simply a Notice to
Keeper (NtK).
There are two things you should do right now. One is to explain
to Auxillis why they should not pay anything to APCOA otherwise
they become complicit in fraud and for them to simply forward to
you any correspondence with APCOA, which you are happy to deal
with as the Hirer. The other is to write to APCOA and telling
them to deal with you directly as the Hirer of the vehicle.
Send the following to Auxillis as a follow up to what you have
shown us:
--- Quote ---
> Subject: Re: APCOA “Penalty Notice” – RJ73 EJV
>
> Dear Client Charges Team,
>
> I write further to my previous correspondence regarding the
so-called “Penalty Notice” issued by APCOA Parking Ltd on
11/06/2025.
>
> I must reiterate that this notice is not a lawful Penalty
Notice under Railway Byelaws, nor is it a valid Parking Charge
Notice. It is a deliberately misleading hybrid, designed to
mimic statutory enforcement while lacking any lawful authority.
>
> APCOA has previously confirmed in writing (in a separate case)
that these notices are civil in nature and based on contract
law. Despite this, they continue to label them “Penalty Notices”
and issue them in a format that falsely implies criminal or
statutory enforcement. This conduct constitutes fraud by false
representation under section 2 of the Fraud Act 2006.
>
> I am aware that APCOA may attempt to claim that no Notice to
Hirer (NtH) is required because the original notice was issued
under Railway Byelaws. This is legally incorrect. The land in
question is not “relevant land” under Schedule 4 of POFA 2012,
and therefore there is no keeper or hirer liability.
>
> To avoid unnecessary administrative escalation or cost to
either party, I formally request that Auxillis provide a letter
of authority confirming that I, as the named Hirer, am
authorised to liaise directly with APCOA in respect of this
matter.
>
> This would ensure any correspondence or appeal is made with
full transparency and with Auxillis’ knowledge, thereby
protecting your position and removing the need for any further
involvement—particularly any administrative charges or
unilateral payments.
>
> Should APCOA contact you as the registered keeper, you may
simply confirm the identity of the Hirer and forward the
appropriate correspondence without incurring liability or
additional handling costs.
>
> Should Auxillis take any action beyond simply passing on the
notice—such as paying the charge, applying administrative fees,
or otherwise facilitating this unlawful demand—you may be deemed
complicit in the enforcement of a fraudulent instrument.
>
> I reserve all rights to challenge any such action and to
report the matter to the relevant regulatory and criminal
enforcement bodies.
>
> Yours sincerely,
>
> [Your Name]
--- End Quote ---
You should also send the following to APCOA:
--- Quote ---
> Subject: Penalty Notice SW80008132 – Hirer Notification and
Request for Clarification
>
> Dear APCOA Parking Ltd,
>
> I write in my capacity as the Hirer of vehicle registration
RJ73 EJV, in relation to the Penalty Notice (reference
SW80008132) affixed to the vehicle’s windscreen on 11/06/2025 at
Wimbledon Station.
>
> Please be advised that I have been passed the original notice
and will be dealing with the matter directly as the Hirer. You
are therefore requested to direct all future correspondence to
me and not to the hire company, Auxillis.
>
> I am fully aware that this notice has been issued as a Penalty
Notice under Railway Byelaws, not as a Parking Charge Notice
under contract law. I also understand the legal distinction
between a statutory penalty and a civil contractual charge. I
note that APCOA has, in previous correspondence with other
recipients, claimed that such notices are issued under statutory
authority but enforced via civil recovery mechanisms.
>
> This raises a number of serious legal and procedural concerns,
particularly in light of the following:
>
> [indent]• A genuine Penalty Notice under Railway Byelaws must
be prosecuted in the Magistrates’ Court by a public authority
within six months of the alleged offence.
> • A civil contractual charge cannot lawfully be styled or
enforced as a statutory penalty.[/indent]
>
> Any attempt to conflate these two legal regimes may constitute
fraud by false representation under section 2 of the Fraud Act
2006.
>
> I therefore request that you confirm:
>
> [indent]• The legal basis on which this notice has been
issued.
> • Whether you intend to pursue this matter as a statutory
penalty or a civil debt.
> • Whether you will be applying to the DVLA for Registered
Keeper data, despite the Hirer having already made contact and
accepted receipt of the notice.[/indent]
>
> Please treat this as a formal request for clarification. I
reserve all rights to report any misleading or unlawful conduct
to the relevant authorities.
>
> Yours faithfully,
>
> [Your Name]
> [Your Address]
--- End Quote ---
#Post#: 77802--------------------------------------------------
Re: APCOA - Penalty Notice Wimbledon Station - Hire Vehicle -
Byelaw 14
DIR By: Rackett78
Date: June 23, 2025, 3:59 pm
---------------------------------------------------------
Thank you, this is excellent
I have contacted both parties (Auxillis and APCOA) - will keep
you posted!
#Post#: 81017--------------------------------------------------
Re: APCOA - Penalty Notice Wimbledon Station - Hire Vehicle -
Byelaw 14
DIR By: Rackett78
Date: July 15, 2025, 2:37 am
---------------------------------------------------------
Thanks again b287
Seems to have worked - The hire company Auxillis agreed to not
charge me any admin fee if/when they receive any notice from
APCOA. They also provided me with a Letter of Authority to pass
on to APCOA when the time comes
Email chain and LOA attached
APCOA are yet to get back to me
[attachment deleted by admin]
#Post#: 81301--------------------------------------------------
Re: APCOA - Penalty Notice Wimbledon Station - Hire Vehicle -
Byelaw 14
DIR By: b789
Date: July 16, 2025, 11:17 am
---------------------------------------------------------
Absolutely useless letter. They have no idea who the driver was,
only that you are the lessee (Hirer) of the vehicle. Get the
feckwit eejits at Ogilvie to make the necessary change if they
want you to deal with it.
--- Quote ---
> Please accept this letter as confirmation that we are happy,
as registered owner and keeper of the
> above detailed vehicle, for the driver Hirer to speak with you
directly regarding penalties involving their lease vehicle.
--- End Quote ---
Did you mention that the Penalty Notice is actually fake and
that they should be reported to the police for breaches of the
Fraud Act?
*****************************************************
Page 1 of 2
DIR Next Page