Free Traffic Legal Advice

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btw it's an invoice not a penalty 

APCOA Parking UK Ltd
UK Customer Complaints Team
PO Box 1010
Middlesex
UB8 9NT

By email:  UKcustomercomplaints@apcoa.com

[Date]

Subject: Formal Complaint – Unlawful Misrepresentation of Authority. Penalty Notice No.: [Penalty Notice Number]

Dear Sir/Madam,

I am writing to lodge a formal complaint regarding a fake Penalty Notice issued by APCOA against vehicle [Registration Number] in relation to an alleged contravention at Bracknell train station. As the registered keeper, I am querying APCOA's authority to isse what can only be described as a contractual offer to bribe you so that you do not prosecute me for an alleged breach of a railway byelaw.

1. APCOA’s Fake Penalty Notice and Misrepresentation of Authority

APCOA is a private company with no statutory enforcement powers, yet it has issued what it misleadingly calls a Penalty Notice, falsely implying that this is a statutory fine enforceable under criminal law. As you will be well aware:

• Genuine statutory penalties for alleged railway byelaw contraventions can only be addressed through statutory enforcement mechanisms. A private company cannot impose penalties, nor can it unilaterally demand payment under the guise of a fine.

• The demand issued by APCOA is not a real penalty under any railway byelaws, nor has any legal authority been granted to APCOA to act as a prosecuting body. If this were a lawful penalty under byelaws, it would be payable to the public purse—not APCOA's own commercial accounts.

• A Penalty Notice issued by a private company that lacks statutory backing is nothing more than an unenforceable invoice. The deliberate use of misleading terminology appears to be an attempt to deceive the recipient into believing that they are legally compelled to pay.

This conduct appears to constitute fraud by false representation under the Fraud Act 2006, and I will be reporting the matter to the appropriate authorities for further investigation.

In light of the above, I require a full and detailed response to the following points:

1. On what legal basis does APCOA claim the right to issue a Penalty Notice when it has no statutory enforcement powers?

2. Why has APCOA chosen to misrepresent a civil contractual charge as a statutory penalty?

If APCOA fails to provide a satisfactory response within 14 days, I will escalate this matter as necessary but not limited to the following:

• Action Fraud, for investigation into possible fraudulent misrepresentation.
• The DVLA for unlawfully use of my personal data and breach of the KADOE contract.
• Trading Standards, for misleading business practices and unfair commercial conduct.
• The British Parking Association (BPA), to report breaches of the industry Code of Practice.
• The Information Commissioner’s Office (ICO), to challenge the misuse of my personal data for an unenforceable claim.

I expect APCOA to address this complaint fully within the timescales as published in the BPA/IPC Private Parking Single Code of Practice (PPSCoP).

Yours faithfully,

[Your Name]