Free Traffic Legal Advice

If the driver hasn't been identified then APCOA would seem to have unwittingly given you as the keeper a potential lifeline, as they would seem not to have complied with Schedule 4 of the Protection of Freedoms Act (there's a link in my signature at the bottom of each page), and are therefore unable to recover the charge from you as the keeper.

You could therefore appeal as the keeper, along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012. There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

Many thanks Sir, highly appreciated your draft. I will send this appeal by this evening.


I tried to list below all events in the chronological order related to this PCN. And have collated all documents / letters within one zip file attached.

07-Sept : PCN affixed on the windscreen of the vehicle with an option to pay £30 (reduced charge) or dispute by making an appeal within 28 days
21-Sept : Representation made by the patient in the vehicle (my mother in this case)
03-Oct : Rejection letter for the representation sent to the Representor (my mother in this case) highlighting appeal can be made to POPLA within 28 days
31-Oct : Appeal to POPLA date expired
03-Nov : Notice to the registered keeper of the vehicle issued (in my name) with an option to dispute within 28 days or pay £60.
01-Dec (future) : Date of expiry to dispute the PCN


Many thanks.

Let us know when they reply (and what with). Keep an eye on your spam emails, and if they don't reply in the time allowed, chase them up.

Let us know when they reply (and what with). Keep an eye on your spam emails, and if they don't reply in the time allowed, chase them up.

Attached the DEBT management letter we received in the name of the passenger and not the driver.

APCOA didn't issue the new POPLA code as requested by us.

What would be our next course of action ?

Many thanks for your help in advance.

They appear to have passed it onto debt collectors before the 35 days they give themselves to respond is up.

I doubt it makes any difference though it does suggest the £70 they appear to have added is premature.

Dear Forum members

To bring transparency and clarity, listed below all events in the chronological order related to this APCOA PCN. All relevant letters, in chronological order, can be found within one zip file attached.

The passenger – Patient, the elderly Lady
Registered keeper – data from DVLA record

07-Sept-23 : PCN affixed on the windscreen of the vehicle with an option to pay £30 (reduced charge) or dispute by making an appeal within 28 days i.e. 05-Oct-23(?). Full charge is £60.
21-Sept-23 : The Patient (elderly lady), passenger in the vehicle submitted the representation (attached separately again)
03-Oct-23 : Representation rejected, communication sent to the Representor (The Patient) with an option to pay reduced charge of £30 in 14 days i.e. 17-Oct-23 (?) or full charge of £60 after 14 days OR appeal to POPLA within 28 days i.e. 31-Oct-23 (?). Full charge payable if appealed to POPLA. If do nothing, recover monies via debt recovery and proceed with Court action
03-Nov-23 : Notice to Keeper (NTK) of the vehicle issued to RK (registered keeper) in hard copy with an option to dispute within 28 days i.e. 30-Nov-23 (?) or pay £60.
23-Nov-23 : RK submitted disputed charge via online
23-Nov-23 : APCOA confirmed receipt of appeal with response within 35days i.e. 27-Dec-23 (?)
14-Dec-23 : Debt Recovery Plus notice issued in the name of the Patient for £130 (including an unexplained additional charge of £70) with an option to pay in full or in 4 installments by 28-Dec-23 OR go legal to court.
25-Dec-23 : No correspondence received from APCOA yet by RK against the appeal submitted on 23-Nov-23 by RK

Happy to add details where required.

Many thanks.

PCN cancelled!