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Live cases legal advice => Private parking tickets => Topic started by: BerksWTFC on February 25, 2025, 08:48:39 am

Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: b789 on March 19, 2025, 02:09:21 pm
ZZPS and GCTT are powerless debt collectors who cannot issue a Letter of Claim (LoC) because they are not a party to any alleged breach. Their only role is to send intimidating letters to scare people into paying out of ignorance and fear, but they have no actual enforcement powers.

In this case of a fake Penalty Notice masquerading as a statutory fine, any attempt to escalate the matter via an LoC would be unlawful. As I already pointed out, breaches of statutory law are criminal matters that can only be pursued in a magistrates' court, not via civil litigation in the county court. The only legitimate enforcement mechanism for a statutory penalty is through a formal summons issued by the prosecuting authority, such as a train operating company in railway byelaw cases.

If I had the time, I would be reporting this to the police as an attempt to obtain money by deception under the Fraud Act 2006.
Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: G6PRK on March 19, 2025, 01:57:43 pm
Not a letter of claim. Just part of the process.
Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: BerksWTFC on March 19, 2025, 01:11:05 pm
Thank you all again for your help with this.

Previous replies advised to come back here if a Letter of Claim was received. I have received 2 of the attached letters now - I don't think these are Letters of Claim, however, having not received one before, I just wanted to be sure. Any advice greatly appreciated. Thanks

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Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: b789 on February 25, 2025, 06:31:18 pm
Just. send a formal complaint to APCOA as follows:

Quote
APCOA Parking UK Ltd
UK Customer Complaints Team
PO Box 1010
Middlesex
UB8 9NT

By email:  UKcustomercomplaints@apcoa.com

[Date]

Subject: Formal Complaint – Unlawful Misrepresentation of Authority. Penalty Notice No.: [Penalty Notice Number]

Dear Sir/Madam,

I am writing to lodge a formal complaint regarding a fake Penalty Notice issued by APCOA against vehicle [Registration Number] in relation to an alleged contravention at Bracknell train station. As the registered keeper, I am querying APCOA's authority to isse what can only be described as a contractual offer to bribe you so that you do not prosecute me for an alleged breach of a railway byelaw.

1. APCOA’s Fake Penalty Notice and Misrepresentation of Authority

APCOA is a private company with no statutory enforcement powers, yet it has issued what it misleadingly calls a Penalty Notice, falsely implying that this is a statutory fine enforceable under criminal law. As you will be well aware:

• Genuine statutory penalties for alleged railway byelaw contraventions can only be addressed through statutory enforcement mechanisms. A private company cannot impose penalties, nor can it unilaterally demand payment under the guise of a fine.

• The demand issued by APCOA is not a real penalty under any railway byelaws, nor has any legal authority been granted to APCOA to act as a prosecuting body. If this were a lawful penalty under byelaws, it would be payable to the public purse—not APCOA's own commercial accounts.

• A Penalty Notice issued by a private company that lacks statutory backing is nothing more than an unenforceable invoice. The deliberate use of misleading terminology appears to be an attempt to deceive the recipient into believing that they are legally compelled to pay.

This conduct appears to constitute fraud by false representation under the Fraud Act 2006, and I will be reporting the matter to the appropriate authorities for further investigation.

In light of the above, I require a full and detailed response to the following points:

1. On what legal basis does APCOA claim the right to issue a Penalty Notice when it has no statutory enforcement powers?

2. Why has APCOA chosen to misrepresent a civil contractual charge as a statutory penalty?

If APCOA fails to provide a satisfactory response within 14 days, I will escalate this matter as necessary but not limited to the following:

• Action Fraud, for investigation into possible fraudulent misrepresentation.
• The DVLA for unlawfully use of my personal data and breach of the KADOE contract.
• Trading Standards, for misleading business practices and unfair commercial conduct.
• The British Parking Association (BPA), to report breaches of the industry Code of Practice.
• The Information Commissioner’s Office (ICO), to challenge the misuse of my personal data for an unenforceable claim.

I expect APCOA to address this complaint fully within the timescales as published in the BPA/IPC Private Parking Single Code of Practice (PPSCoP).

Yours faithfully,

[Your Name]
Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: BerksWTFC on February 25, 2025, 09:33:53 am
Thank you very much. Appreciate the advice
Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: DWMB2 on February 25, 2025, 09:32:34 am
btw it's an invoice not a penalty  ;)
It might be described as a penalty by APCOA.

Either way, my points above stand. They won't entertain an appeal, and they have never litigated (in our years of experience).
Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: BerksWTFC on February 25, 2025, 09:24:56 am
The driver was parked on the railway station car park & has not Responded at all to the letter (/invoice  :) )
Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: mickR on February 25, 2025, 09:20:57 am
was the driver parked in the railway station car park?
has the driver responded at all?

btw it's an invoice not a penalty  ;)
Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: BerksWTFC on February 25, 2025, 08:55:34 am
Thank you very much for such a quick response. V5C is all up to date and contains current address.
Title: Re: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Trai
Post by: DWMB2 on February 25, 2025, 08:53:36 am
no letter had previously been received.
Before we get onto the matter in hand, the first thing you should do is get out your vehicle's V5C document and check that it contains your current address. Where we see notices go missing, it is often the case that there is an issue with the V5C, so worth checking this.

Any appeal deadline has now passed. As this is APCOA, my recommendation would be to ignore ZZPS and any other debt collectors. We have so far never seen a single APCOA case progress to court. If you ever get a Letter of Claim then come back here for advice.
Title: ZZPS Parking Penalty Notice (APCOA Parking) - Use of Private Parking without Making a Valid Payment - Bracknell Train St
Post by: BerksWTFC on February 25, 2025, 08:48:39 am
Hi all,

Thank you in advance- first time doing this….

On 3/12/24, the driver parked in a space and made a payment via RingGo, however accidentally selected & paid for the incorrect location. The location entered is is immediately next to the intended car park & is accessed via a different entry point, however uses the same exit point as the intended car park.

On 7th February, I, the registered keeper, recorded a penalty notice letter from ZZPS titled “Action Required: Outstanding Balance”. The letter claimed they had previously written, however no letter had previously been received.

The “outstanding balance” is £155 which equates to an £85 penalty notice & £70 debt resolution fee.

Any advice is very much appreciated!

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