Author Topic: Luton Express drop off, APCOA no PCN sent instead Debit Recovery Notice  (Read 663 times)

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MY car was used for a drop off at Luton Express drop off in Dec 2024, the driver forgot to pay the charge.

PCN was never received by APCOA, instead a Debt Recovery Plus notice came demanding payment.

The V5 was updated and there is no reason for the PCN not to come through the post. Would you suggest what to do please?

Many thanks for you time!

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If you are certain they hold and have always held the correct address (i.e. you haven't moved at any point during the timeline) there is basically no risk here.

APCOA don't typically litigate so the worst case scenario here is likely a series of debt collector threats for a few years.

Your options are:

1. Ignore the debt collectors up until the (unlikely) event there is a Letter of Claim - ensure you inform them if your address changes
2. Send a formal complaint, including the recommended appeal wording below, pointing out that they must consider it an appeal per the private parking sector single Code of Practice.

Quote
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.
« Last Edit: March 17, 2025, 03:27:17 pm by G6PRK »

You say "The V5 was updated and there is no reason for the PCN not to come through the post." When was the V5C updated? The operator cannot go back to the DVLA a second time. If it was only updated after the date of the alleged contravention, then you will need to send APCOA a Data Rectification Notice (DRN) instructing them to update their recored with your current address for service and to erase your old address.

Are you sure you updated your V5C? Many people mistakenly think that updating their drivers licence also updates their V5C. It doesn't.

Anyway, it is too late to appeal now and you must ignore all debt recovery letters. DRP+ and their ilk are powerless to do anything except to try and make the low-hanging fruit on the gullible tree pay up out of ignorance and fear. You can safely ignore any debt recovery letters. Never, ever communicate with these useless vermin.

If your V5C was definitely up to date with your current address at the time of the alleged contravention, then you can send APCOA a formal complaint which must also be considered as an appeal. The suggested appeal above is only useful if you appeal the initial Notice to Keeper (NtK) you should have received.

A formal complaint will use the content but must also require APCOA to provide evidence of the actual date the notice was entered into the postal system as required by the PPSCoP section 8.1.2(e) Note 2.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Hi, thanks for your messages! Yes the V5 had the correct address on and there it is rather strange why APCOA's letter were never received. I will ask for evidence of postage from APCOA and try to get an appeal. Much appreciated!



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.

Please start your own thread if you want bespoke advice. It becomes far too confusing if we are trying to advise when there is more than one case in the thread.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain