Author Topic: Debt Recovery Plus for APCOA, Use of Private Car Park Without a Valid Payment / Permit  (Read 1389 times)

0 Members and 48 Guests are viewing this topic.

Hi, as per the Read This First - simple facts.

16 January 2025 the driver entered a car park on the premises of Loughborough University, in order to go swimming. Car park is ANPR monitored. Users of the swimming pool can enter their vehicle's registration number on a touch screen.
The driver forgot to do this initially and remembered, approx. 40 minutes into swimming session, and returned to the foyer to enter this. Driver also spoke to pool reception staff member to explain that they were entering it late, and enquire as to whether there is anyone to contact e.g. at APCOA to ensure no penalty. The staff member told the driver that it won't matter as they don't get checked at that time (early evening). This was incorrect as it is ANPR, not warden-patrolled. Driver did not think about this at the time. No evidence of this conversation exists. The only evidence that the driver performed any business transaction at Loughborough University is a credit card transaction of £5.50 which is the price for swimming, but it does not mention swimming, only Loughborough University as the payee

10 March 2025 the registered keeper received a letter from Debt Recovery Plus referring to an "unpaid parking charge" at the above named site on the above named date, with APCOA Parking (UK) Ltd named as the "creditor". This was the first notice received, regarding any such charge. The words "fine" and "penalty" have not been used. The language is "mildly threatening" and a "deadline" of 17 March 2025 is suggested (the word "deadline" is not used). The charge is £120
« Last Edit: March 10, 2025, 03:27:01 pm by Blue Straggler »

Share on Bluesky Share on Facebook


Registered keeper (recipient of letter) visited the Loughborough University swimming pool on 10 March after receiving the letter, to enquire as to whether they had any power to overturn / appeal / reduce such charges, but was told that the parking is entirely externally controlled and the university does not get involved. The staff members spoken to on 10 March were "juniors". Registered keeper has in the past (2018) successfully had a cinema management overturn two Parking Eye charges under similar circumstances.

You need to find out which department at the university manages the contract with APCOA. It won't be anyone at the pool. They can and should get the PCN cancelled.

Please clarify whether you actually did enter the VRM into the terminal, albeit late, or did you just not bother after speaking with a staff member about it? Not that it will make much difference on any outcome but you never know.

Your first question is why do you think you never received a Notice to Keeper (NtK)? The usual reason is because the address on your V5C registration document was not updated last time you changed address. Updating your drivers licence does not automatically update your V5C.

If that is the case, then you can send a formal complaint, only as the Keeper, to APCOA stating that you never received the NtK and you now request a copy and proof of the date it was entered into the postal system. That's just to mess with APCOAS heads. APCOA do not issue PoFA compliant PCNs and they have no idea of the drivers identity unless the Keeper blabs it to them, inadvertently or otherwise.

You can safely ignore all debt recovery letters. They are powerless to do anything except to try and make the low-hanging fruit on the gullible tree pay out of ignorance and fear. Ignore them.

Even if you do nothing else, the DRA letters will eventually die off. APCOA are not litigious and that will be the end of the matter,
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thanks. Registered Keeper does not know for sure whether Driver entered VRM, Driver cannot remember. Driver "thinks so".

Keeper has lived at same address for 20+ years, vehicle has been owned and registered to that address for 2 years and all DVLA correspondence regarding vehicle, arrives there.

If that is the case, then you can send a formal complaint, only as the Keeper, to APCOA stating that you never received the NtK and you now request a copy and proof of the date it was entered into the postal system. That's just to mess with APCOAS heads. APCOA do not issue PoFA compliant PCNs and they have no idea of the drivers identity unless the Keeper blabs it to them, inadvertently or otherwise.

You can safely ignore all debt recovery letters. They are powerless to do anything except to try and make the low-hanging fruit on the gullible tree pay out of ignorance and fear. Ignore them.

Even if you do nothing else, the DRA letters will eventually die off. APCOA are not litigious and that will be the end of the matter,

So, send a formal complaint to APCOA requiring them to provide a copy of the original NtK and evidence of the date it was entered into the postal system. Based on their response, you will also be able to submit a formal complaint about them to the BPA and the DVLA.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Unfortunately for me, I have just checked through a pile of my mail (a sanity check whilst drafting a formal letter of complaint) and in fact APCOA did send a PCN on 24 January 2025 which I managed to overlook. So it's entirely my fault....
I await a reply from the pool's duty manager as to whether it can be overturned. Annoyingly I have learned now that APCOA has a "late payment" option which I could have used

So, what was the date of the contravention and what was the issue date of the NtK? I doubt that APCOA "issued" the NtK in time for it to have been deemed given within 14 days of the alleged contravention. APCOA do not rely on PoFA to hold the Keeper liable.

Please show the NtK. Nobody who is receiving advice here pays a penny to APCOA. They are benign and do not litigate. Even if you did nothing and simply ignored all the useless debt recovery letters, they would eventually give up.

As the Keeper, you are under no legal obligation to identify the driver and APCOA have no idea who the driver was unless you blab it to them, inadvertently or otherwise.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Hi, NtK attached

[ Guests cannot view attachments ]

Date of contravention 16 January, date of ISSUE of PCN 24 January. I do not know when I received it, there is no date information on the envelope.

The back of the Notice is equally important. Please show it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Sorry! Here it is

[ Guests cannot view attachments ]

And that confirms that APCOA are not relying on PoFA to try and hold the Keeper liable.

You can pretend that you never received the initial NtK and send them a formal complaint as suggested earlier. However, if you also include the following, they are obliged to consider a complaint as an appeal according to the PPSCoP section 11.2:

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. APCOA 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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you, I will try this

Little update. I have not heard anything from Debt Recovery Plus (I have not contacted them). APCOA replied to my complaint by email (sent 12 March as a copy-paste of the text quoted by b789)  on 25 March and said that the reference number I quoted was in the incorrect format as it should be LU and then 7 digits, not 8. I replied to confirm that I had quoted this EXACTLY as printed on correspondence in the initial NtK and from Debt Recovery Plus, and added that further PoFa incompliance is reflected in the fact that the NtK was not received/delivered in time, regardless of the claimed date of "issue". Perhaps ill-advisedly I also stated the registration plate which they had requested/suggested when stating that the reference number was incorrect.

Not sure how it has ended up with Luton Airport! I originally sent to ukcustomercomplaints@apcoa.com, all replies are from :
complaints.lutondropoff@apcoa.com
 probably due to the LU at the start of the NtK (Loughborough University initials....)




"Thank you for contacting the London Luton Airport Express Drop Off Customer Complaints Team. This response provides the unique reference number for your enquiry, to enable you to track our communications please reply to emails with this reference number.

If your complaint relates specifically to a Parking Charge (PC), please write to the parking appeals address on the reverse of the Parking Charge. Our UK Customer Complaints Team is unable to process any Parking Charge appeals.

Please note that in order to assist with your complaint more effectively, we are required to identify the vehicle that your enquiry relates to. If you have not already done so, please provide the relevant vehicle registration number to your enquiry by replying to this email.

We endeavour to respond to all customer complaints in 14 working days.  However, if we are unable to resolve a complaint within 28 days (due to the nature of your complaint), we will write to you to advise you of our progress.  Please ensure you have included your relevant contact information to enable us to successfully respond to you.

All complaints are dealt with in accordance with the requirements of the Data Protection Act 2018.

You can request a copy of our UK Customer Complaints Policy and Procedure online at www.apcoa.co.uk/faqs.

Thank you.
 
Incident number   A0325-40547
Incident date   25/03/2025 12:03
Your request   25/03/2025 12:03 PM CSC Mail Import - LLA EDO Complaints:
Sender:
Date sent: Mar 25, 2025 12:03 PM
To: "complaints.lutondropoff@apcoa.com" <complaints.lutondropoff@apcoa.com>
Subject: Re: A0325-21345 - Update - Formal letter of complaint: LU00217221

[EXTERNAL EMAIL: Unless you know the content is safe, do not click links or open attachments]


Hi. LU00217221 is exactly what is printed on the PCN and subsequently a communication from Debt Recovery Plus. Adding to the objection to the PCN, although is states an ISSUE date of 24 Jan, it was not delivered (i.e. received) until AFTER 30 January, later than the 14 days requirement under PoFa.
The registration is YG12 BBF

regards[my name]

On Monday 24 March 2025 at 16:22:45 GMT, <complaints.lutondropoff@apcoa.com> wrote:


[https://apcoa.topdesk.net/emaillogo]

A0325-21345

Dear Sir/Madam,

Please see the below update to your request.

Incident type   New Request
Categorisation   Customer Service Centre (UK) - UK Customer Complaints
Incident date   12/03/2025 14:05

The update   24/03/2025 04:22 PM Stephanie Semple:
Good afternoon,

Thank you for contacting Luton Express Drop Off Complaints Department.

We acknowledge your complaint, however we are unable to locate Parking Charge 'LU00217221' on our records therefore are unable to take any action relating to this currently.

Please note that the Parking Charge number will begin with 'LU' followed by seven numbers, and this is located on correspondence you have received relating to this charge. We can also locate the Parking Charge with your vehicle registration if you are able to provide this. Once we have this information, we would then be able to assist further with your complaint.

Yours sincerely,
Stephanie Semple

Original request   12/03/2025 02:05 PM CSC Mail import - CSC UK Complaints:
Sender:
Date sent: Mar 12, 2025 2:05 PM
To: "ukcustomercomplaints@apcoa.com" <ukcustomercomplaints@apcoa.com>
Subject: Formal letter of complaint: LU00217221

[EXTERNAL EMAIL: Unless you know the content is safe, do not click links or open attachments]


Dear Sir/Madam,

I write to formally complain about APCOA's allegation unpaid parking charge referenced by Debt Recovery Plus as LU00217221.

I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. APCOA 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.

regards
[my name]"