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    • D-Force
    • By D-Force 18th May 17, 2:16 PM
    • 6Posts
    • 3Thanks
    D-Force
    APCOA PCN - Birmingham Airport
    • #1
    • 18th May 17, 2:16 PM
    APCOA PCN - Birmingham Airport 18th May 17 at 2:16 PM
    I have read the newbie FAQ for this subject, but I still need help!

    Received a PCN as the registered keeper from APCOA - "For the alleged contravention of dropping off or picking up outside designated areas". As the drop off car park at the airport was out of use, 'the driver' was redirected to another car park. However, en route, 'the driver' (now in a state of confusion) noticed a drop off area for the hotel and pulled in there to drop off passengers. Apart from a sign saying "for hotel drop off only", no other signs were visible (ie, displaying T&Cs; penalty fines, etc). The PCN includes images of passengers taking luggage out of the car boot. The fine is for 100 (or 50 if paid within 14 days). The Creditor is specified as APCOA Parking UK Ltd. They also refer to having obtained vehicle keeper data from DVLA under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002).

    Could I get some advice on how to appeal please (if you think I can)?
Page 1
    • Fruitcake
    • By Fruitcake 18th May 17, 2:20 PM
    • 38,878 Posts
    • 77,596 Thanks
    Fruitcake
    • #2
    • 18th May 17, 2:20 PM
    • #2
    • 18th May 17, 2:20 PM
    It is not a fine.

    Since you have read the NEWBIES, you should send the BPA template in blue that it tells you to use for BPA members. Copy and paste and send as keeper.

    You could add if you wish (very carefully so as not to give away the driver's identity) that since byelaws apply to this airport the land is non relevant as far as the POFA 2012 is concerned and therefore neither the driver or keeper are liable. Since you will win on this point (amongst other) you should tell CRAPCOA to cancel and save themselves the PoPLA fee.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • D-Force
    • By D-Force 18th May 17, 4:19 PM
    • 6 Posts
    • 3 Thanks
    D-Force
    • #3
    • 18th May 17, 4:19 PM
    • #3
    • 18th May 17, 4:19 PM
    Thank you so much Fruitcake, I really appreciate the advice. Fingers crossed it doesn't get dragged out to the PoPLA stage, thereby saving me further headache!
    • Fruitcake
    • By Fruitcake 18th May 17, 4:25 PM
    • 38,878 Posts
    • 77,596 Thanks
    Fruitcake
    • #4
    • 18th May 17, 4:25 PM
    • #4
    • 18th May 17, 4:25 PM
    Thank you so much Fruitcake, I really appreciate the advice. Fingers crossed it doesn't get dragged out to the PoPLA stage, thereby saving me further headache!
    Originally posted by D-Force
    PoPLA is no big deal. There are a number of template appeal points you can use from the NEWBIES, and loads of others you can crib by searching this forum for other airport byelaw or non relevant land threads.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • D-Force
    • By D-Force 18th May 17, 4:52 PM
    • 6 Posts
    • 3 Thanks
    D-Force
    • #5
    • 18th May 17, 4:52 PM
    • #5
    • 18th May 17, 4:52 PM
    Great, thank you. Just one other question ... is timing of the essence in this case, ie, do I need to wait until just before the 28 days to appeal? Or can I just crack on now and get it out of my hair?
    • Umkomaas
    • By Umkomaas 18th May 17, 5:03 PM
    • 12,603 Posts
    • 19,386 Thanks
    Umkomaas
    • #6
    • 18th May 17, 5:03 PM
    • #6
    • 18th May 17, 5:03 PM
    Great, thank you. Just one other question ... is timing of the essence in this case, ie, do I need to wait until just before the 28 days to appeal? Or can I just crack on now and get it out of my hair?
    Originally posted by D-Force
    A late response is recommended for windscreen tickets, not NtKs received through the post. As you've had postal notification this delay doesn't apply in this context.

    However, as this is a byelaws issue, the airport (not APCOA) has 6 months in which to launch a case against you in the Mags court. So, in theory, you run up close, but without exceeding, to every deadline set by APCOA/POPLA (in due course) in order to get yourself to a timed out position. We have not seen any airport case proceed to the Mags and I don't expect that yours will be the first.

    So in essence, if you want to try to get shot of this soonest, send your appeal in as soon as you like. If you want to ensure you are technically immune from any prosecution by the airport, hang on to things until 3 (or so) days before their respective deadlines.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Fruitcake
    • By Fruitcake 18th May 17, 5:08 PM
    • 38,878 Posts
    • 77,596 Thanks
    Fruitcake
    • #7
    • 18th May 17, 5:08 PM
    • #7
    • 18th May 17, 5:08 PM
    If you are not too busy, leave it as late as possible to eat into as much of the six months period as possible, then do the same with the PoPLA appeal.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • D-Force
    • By D-Force 18th May 17, 5:14 PM
    • 6 Posts
    • 3 Thanks
    D-Force
    • #8
    • 18th May 17, 5:14 PM
    • #8
    • 18th May 17, 5:14 PM
    Thank you Umkomaas/Fruitcake. I will take your advice and wait it out! Thanks again for taking the time to reply. Really appreciate it.
    • Umkomaas
    • By Umkomaas 18th May 17, 5:22 PM
    • 12,603 Posts
    • 19,386 Thanks
    Umkomaas
    • #9
    • 18th May 17, 5:22 PM
    • #9
    • 18th May 17, 5:22 PM
    Thank you Umkomaas/Fruitcake. I will take your advice and wait it out! Thanks again for taking the time to reply. Really appreciate it.
    Originally posted by D-Force
    Just make sure you don't miss the respective deadlines by taking it too tight against them, because that will likely cause you more hassle for a long time to come - up to 6 years (not months in this regard), as APCOA, legally, have that time available to them to pursue you through the small claims court (not the Mags).

    Unlikely to happen, but we can't predict how this skimdustry might morph over time. Just don't miss the deadlines, then you're virtually home and dry.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • D-Force
    • By D-Force 19th May 17, 4:58 PM
    • 6 Posts
    • 3 Thanks
    D-Force
    Thanks Umkomaas. I'll submit an online claim a week before, otherwise I'll be losing sleep if I leave it any later!
    • Umkomaas
    • By Umkomaas 19th May 17, 6:09 PM
    • 12,603 Posts
    • 19,386 Thanks
    Umkomaas
    Thanks Umkomaas. I'll submit an online claim a week before, otherwise I'll be losing sleep if I leave it any later!
    Originally posted by D-Force
    Online claim? Online appeal?
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • D-Force
    • By D-Force 19th May 17, 6:17 PM
    • 6 Posts
    • 3 Thanks
    D-Force
    Sorry, yes! Appeal! Trying to keep too many plates spinning today and my brain is mush!
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