Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - hman1970

Pages: [1]
1
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."

2
Hi all,

I am facing a similar situation.  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 previous 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.

3
Hi Folks. New here and hoping for some help.

In 2020 during Covid, my daughter passed her driving test and in November 2020 - I received a parking ticket that she incurred by parking briefly in the Meadow Car Park in Chelmsford on the 14th August 2020.  She said that she attempted and believed she had paid on the parking app.  At the time I remember speaking to an advisor at Debt Recovery Plus and advising them of this and heard nothing more. 

4 years later in 2024 I am now being pursued through the courts for an amount in the region of 400 odd pounds. 

I have not conceded and defended the claim.  I believe my defence was based on time that had passed, not being provided with any evidence of the incident and that the car was never mine and should not have even been in my name, it was a mistake by the dealer.  The car has long been sold. I was also not the driver of the vehicle.  The court case has now been moved to Basildon court and I am waiting for the court date.

here is a link to the original debt recovery letter, which was the first correspondence received in relation to the penalty. No surprise as it was during a pandemic.

https://i.postimg.cc/G2Jw4JTz/meadows-car-park-fine.png

Can anyone offer me advice on how to proceed please.

Thanks
Hman 

[ Guests cannot view attachments ]

Pages: [1]