Free Traffic Legal Advice

Subject: Formal Notice – Fraudulent Penalty Notice and POPLA’s Risk of Complicity (POPLA Code: [insert code])

Dear POPLA,

I write regarding POPLA Verification Code [insert code] concerning Penalty Notice Reference [insert reference].

A full and complete appeal was submitted by post within the permitted 28-day time limit. I subsequently received a letter from POPLA enclosing an appeal form and offering the alternative of appealing online. However, when attempting to use the online portal, the verification code was rejected despite the 28-day period not having expired.

Regardless, I do not intend to re-submit or reformat the appeal already validly served by post. I require immediate confirmation that my original postal appeal is being processed without prejudice. I have attached a copy of the postal appeal.

Formal Notice Regarding the Fraudulent Nature of the Penalty Notice

I formally place POPLA on notice that the so-called “Penalty Notice” issued by APCOA is a fraudulent legal instrument. It is neither a valid Parking Charge Notice under civil law nor a valid Penalty Notice under statutory law. APCOA has now damningly admitted in writing, in relation to a different case, that:

• The Penalty Notice is deliberately styled to mimic statutory enforcement under Railway Byelaws.
• However, APCOA pursues these charges as private civil debts, not through the magistrates' courts.
• APCOA further admits that monies collected from these so-called "Penalty Notices" are retained privately and not paid into the public purse, contrary to the lawful handling of true statutory penalties.
• APCOA simultaneously claims that these notices create a civil contract between the motorist and APCOA, despite branding the notices as statutory penalties.
• APCOA has therefore admitted that these notices are based on a hybrid and fraudulent legal characterisation, designed to mislead recipients.

This behaviour constitutes fraud by false representation (section 2, Fraud Act 2006) and unlawful demands with menaces (section 21, Theft Act 1968).

Attached Evidence

I enclose two documents for POPLA’s immediate attention:

• A copy of the original postal appeal submitted within the 28-day period.
• A redacted copy of a recent formal complaint and APCOA’s written response, which contains express admissions by APCOA that:

• Their so-called “Penalty Notices” are issued under the guise of railway byelaw enforcement.
• They do not refer the alleged offence to a magistrates’ court for prosecution, as required for genuine statutory enforcement.
• They instead pursue recipients privately for payment under supposed civil contract terms.
• All revenue is retained privately, with no payments remitted to the public purse.

This evidence demonstrates that APCOA’s practices are not lawful, that the so-called fake “Penalty Notices” are fraudulent demands, and that POPLA is now on clear notice of this criminality.

Required Action by POPLA

• Confirm immediately that the postal appeal is accepted and under review without prejudice.
• Cancel the fraudulent charge without delay.
• Cease any further processing of my personal data relating to this matter, in compliance with the Data Protection Act 2018 and UK GDPR.

Should POPLA proceed to assess, validate, or otherwise engage with this unlawful, fake Penalty Notice despite now being fully aware of APCOA’s fraudulent practices, it risks direct complicity and will be reported to the DVLA, the Information Commissioner's Office (ICO), and the police.

I require a full written response within 7 days.

Yours faithfully,

[Name]
[Postal Address]

Attachments:

POPLA_Postal_Appeal_[reference].pdf
APCOA_Formal_Complaint_and_Response_Redacted.pdf