Nothing is going to happen to you. No one is going to issue a county court claim and no one is going to prosecute you for any supposed criminal offence. You are the victim of a long standing scam by APCOA, who are using fake Penalty Notices to scare recipients into paying.
If it were a real Penalty Notice, it would have to be prosecuted within 6 months of issue. It was not. A statutory fine cannot be pursued as a civil debt in the county court. In other words, you are the victim of an attempted fraud.
To prove the point, I suggest you send the following Freedom of Information (FoI) request to South Western Railway. Make sure you CC in yourself:
Email: FOI.SWR@dftoperator.co.uk
Subject: FOI/EIR request – Authority for APCOA to issue Penalty Notices at Oxshott station car park
Dear Freedom of Information team,
Please treat this as a request under the Freedom of Information Act 2000 and, where the information is environmental, the Environmental Information Regulations 2004. Electronic copies are preferred.
1) Contract and enforcement schedules
The current contract (and all variations/schedules) between South Western Railway Limited and APCOA Parking (UK) Ltd that covers Oxshott station car park, including any clauses that define the enforcement model (i.e. use of Railway Byelaw Penalty Notices as distinct from civil Parking Charge Notices), any scope-of-works, and any data processing/KADOE schedules relevant to enforcement.
2) Byelaw authorisations / “authorised person”
Any instrument(s) of authorisation or delegation by which SWR designates APCOA (or its staff/agents) as an “authorised person” for Railway Byelaw purposes at Oxshott, and any document(s) granting APCOA authority to issue Byelaw Penalty Notices and/or to institute or conduct prosecutions in the magistrates’ court on SWR’s behalf.
3) Policies / instructions on PN vs PCN and post-issue process
SWR policies, standard operating procedures, guidance or instructions (SWR↔APCOA or internal) that:
a) state when a Byelaw Penalty Notice is to be used rather than a civil Parking Charge Notice;
b) set out how unpaid Penalty Notices are pursued (e.g. prosecution vs any civil process, and any use of external appeals bodies such as POPLA);
c) provide wording standards for notices or correspondence which refer to byelaw penalties or criminal prosecution.
4) Templates and signage used at Oxshott
The current and any superseded templates (since 1 January 2023) of the Penalty Notice and follow-up letters used at Oxshott, together with the signage text/artwork at Oxshott that refers to Railway Byelaws, penalties or prosecution.
5) Site plan / boundary and designated bays
The site plan/boundary map identifying the land at Oxshott under APCOA’s enforcement remit and the locations of any “designated bays” relied upon for enforcement.
6) Statistics and outcomes at Oxshott (1 January 2023 – present)
a) Number of Penalty Notices issued;
b) Number referred for prosecution;
c) Number laid before the magistrates’ court and outcomes;
d) Number pursued by any civil process;
e) Number cancelled, including cancellations citing disability, unloading or reasonable adjustments.
7) Correspondence on lawful basis and appeals channels (1 January 2023 – present)
Correspondence between SWR and APCOA (and, if held, with Network Rail, British Transport Police, DVLA or the Department for Transport) about the lawful basis for car-park enforcement at Oxshott (Byelaw Penalty Notices versus civil PCNs), including any discussions or decisions concerning use of POPLA for Byelaw notices or the treatment of unpaid PNs.
Format, redaction and advice and assistance
If relying on exemptions (e.g. s.31 or s.43), please disclose the remainder with a redaction schedule and provide the public-interest assessment. Where only pricing or supplier-sensitive details are at issue, please release the authority/authorisation clauses and relevant schedules with limited redactions. If any part is not held, please confirm who does hold it and consider your duties under FOIA s.16/EIR reg.9.
Yours faithfully,
[Name]
To be thorough, you can also send FoI requests to Network Rail with the following that you can use the above template. Just change the “body” and address:
Network Rail (EIR)
Email: FOI@networkrail.co.uk
Subject: EIR request – Oxshott station car park: land/boundary & byelaw-enforcement consents
Body:
Please treat this as a request under the Environmental Information Regulations 2004.
1. The land ownership/lease/boundary plan for Oxshott station car park identifying the areas under SWR/APCOA management or enforcement.
2. Any consents/authorisations issued by Network Rail to SWR and/or APCOA that permit byelaw-based enforcement or the issuance of Penalty Notices at Oxshott (including any Station Change proposals/approvals since 1 January 2023).
And again, to the British Transport Police (BTP):
British Transport Police (FOI)
Email: FOI@btp.police.uk
Subject: FOI request – Oxshott station: Railway Byelaw 14 enforcement/prosecution numbers
Body:
Please treat this as a request under the Freedom of Information Act 2000.
For Oxshott station car park (1 January 2023–present), please provide:
(a) number of Byelaw 14 cases referred to BTP by SWR/APCOA;
(b) number where an information was laid before the magistrates’ court;
(c) number of prosecutions commenced; and
(d) outcomes (withdrawn, dismissed, convicted, acquitted). If recorded, please also provide any memorandum of understanding with SWR/APCOA relating to Byelaw 14 enforcement at Oxshott.
