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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice.
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I have received a Parking Enforcement Notice from APCOA claiming

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I have received a Parking Enforcement Notice from APCOA claiming that my vehicle was in an alleged contravention of 02-Dropping off / picking up outsie a designated parking area.
The notice threatens passing to a third party for recovery if not paid.
Is this notice legally enforceable?
What type of land was this?
Customer: replied 5 years ago.
An access road before entrance to the car parks at Luton Aiport
Does this fine refer to any bye laws? It will be in the small print?
Customer: replied 5 years ago.
There are no references to any bye laws in the notice. It merely says that the alleged contravention is a Breach of the terms and conditions of the airport road infrastructure and signs are claerly displayed throughout this area showing these terms and conditions.
Have you admitted being the driver yet?
Customer: replied 5 years ago.
Customer: replied 5 years ago.
Do you need any more information from me? I was not driving the vehicle when it stopped but I did take over the driving before departing the area. I suspect that my registration number was obtained through CCTV and somehow they have managed to get my address through DVLA which I thought was restricted information.
Good. This is a private land fine. They are unenforceable. This is not a parking fine however it may look. These companies are private firms that have no more right to punish you for the manner of your parking than your neighbour does. Only the police or the local Council can do that. These are issued on the basis that you have accepted a contract by parking there and breached it by staying too long. To make that work they would have to hang signs over almost every bay and anyway, they still cannot show loss. The way to stop them dead is to write back refusing to give them the name of the driver.

Please note that DOES NOT mean you should lie. Some people don't seem to be able to see the difference between REFUSING the name of the driver and giving false information but there is a very substantial one. They have no power to force from you the name of the driver as they are not the police.

They only have a 'contact' with the driver and not the registered keeper. Please note that will not stop them writing to you. They will send lots of threatening letters. They will pass it on to debt collection and they may get a solicitor to write to you. Unless you actually get a court summons these communications are nothing to worry about. Refusing details of the driver puts an end to any real action being taken.

I'm happy to discuss this but please remember to click on accept.
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