Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: grnl1410 on January 22, 2025, 07:41:39 am
-
It's a DRN. Just send it. Better safe than sorry. The appeal goes to wherever it tells you to appeal. The DRN goes to the DPO and you find those details in their privacy policy on their website.
-
It was correct at the time.
Last V5 was issued in early October and the contravension was in middle November.
Do i need to send DRN to APCOA? Should I send it with the appeal in the previous post?
-
I still advise you to submit a DRN.
Agreed - the transferring of cherished plates seems to cause the DVLA all sorts of trouble sometimes, so well worth doing this just in case.
-
Was the address correct at the time of the alleged contravention? It matters not one iota if it is correct now. They can only make one DVLA request per PCN and that will have been within a few days of the alleged contravention.
I still advise you to submit a DRN.
-
Thank you for your help.
I have just checked and my address is 100% correct on the V5 document.
I thought this may have happened because I put a cherished plate on the car few weeks before the car visited Luton Express drop off but all is up to date.
-
You first have to ask why you never received the original PCN. Is the V5C up to date with your current address? In the vast majority of these cases, after changing address, the Keeper updates their drivers licence with the DVLA which does not automatically update the V5C. Go check now. If it isn’t, you need to update it immediately as you could receive a real fine from the DVLA.
The reason DRP+ found your address is through a credit reference agency. If the address APCOA holds is an incorrect one from the V5C, you MUST send a data rectification notice to the APCOA DPO instructing them to update their records with your correct address for service and to erase your old address. Not doing this is and leaving APCOA with two possible addresses for you is a surefire way to get a CCJ by default.
No one who is here receiving advice pays a penny to APCOA. This would have been so easy to deal with at the time if you, the Keeper, had simply appealed with the following:
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.
However, you are past any appeals deadlines. Luckily for you, APCOA are benign, in that they do not litigate. If you ignore the useless debt collector letters, and we do not need to see them either, they will eventually stop and that wil be the end of it. If you feel the urge to be proactive, you could send a formal complaint to APCOA, basically saying what is in the suggested appeal above and they are bound to consider it as an appeal anyway according to their Code of Practice.
Either way, they will not litigate. However, there is no guarantee that you’ll not be be the first person they try, and if they hold an out of date address for you, you’d guarantee a CCJ. Get your V5C updated.
-
APCOA are fairly benign, so ignoring them is generally a safe bet (if you receive the original notice we generally advise appealing as they usually just cancel, but as you didn't receive the notice they'll now no longer accept an appeal).
Whenever anyone reports not receiving the original notice, I always recommend you check the V5C document for your vehicle and ensure it has the right address on.
-
Good morning,
MY car was used for a drop off at Luton Express drop off in November 2024, the driver did not pay for the drop off and when the driver realised it was too late and APCOA did not let them pay online.
PCN from APCOA never came through the post.
Instead, Debt Recovery Plus sent a letter to me, registered keeper demanding £160.
A quick google search and reviewing this forum tells me that I should just ignore them.
What about the initial PCN from APCOA - I never received it, should I write to them to re-issue it and then challenge?
I attach second letter, obviously sent shortly after the first one. They even kindly assigned 'Abigail' to my case.
https://imgur.com/a/j7rQaKA
Appreciate any help.