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  • FIRST POST
    • Theseeker
    • By Theseeker 11th Jun 17, 12:02 PM
    • 19Posts
    • 8Thanks
    Theseeker
    APCOA Luton Airport Parking Charge Notice - POPLA appeal
    • #1
    • 11th Jun 17, 12:02 PM
    APCOA Luton Airport Parking Charge Notice - POPLA appeal 11th Jun 17 at 12:02 PM
    I am in the process of writing the appeal to POPLA and have already consulted your Newbies thread, which has helped me tremendously - Thank you :-). But I still have few additional questions that I need help with. POPLA from states:

    Grounds for appeal and increasing your chances of a successful appeal
    You should find that your grounds for appealing your parking charge fit into one or more of the categories supplied. You will also be given the opportunity to add more information in support of your appeal if required. Simply tick the grounds for appeal that apply to you.

    Should I tick point 6 Other - you will need to provide reasons and evidence as to why you are appealing
    or chose other in point 2 - I was not improperly parked - as the car was not parked but stopped for 4 seconds



    I will write my own appeal and attach is as PDF as you suggested, but am not sure how to deal with the form.
    My situation is quite peculiar as the driver has actually used and paid for the pick/drop off zone - so no advantage was gained from stopping. The reason the car stopped was to let me out as I was feeling sick in the traffic and needed some air. We did not notice the signs as it was dark and raining, there were road works everywhere. They are completely changing the layout and it is really confusing.
    As the parking fee was paid we appealed to APCOA asking them to check their cameras at the drop off point , confirm that the fee was paid and realise there was no offence.
    They replied with some outdated standard letter saying that:

    Having carefully considered the evidence provided by you , we must advise your appeal has been unsuccessful on this occasion.
    You were issued a notice having received an allegation of contravention at Luton Airport. Having investigated further, we have found that your vehicle was pictured in breach of the above terms set by Luton Airport, dropping off outside a designated area, having failed to enter the designated pickup and drop off zone or short term car park.(This is obviously not true the driver has done that and paid the £3 fee)
    All restricted areas are signposted and clearly state that no stopping is allowed at any time to drop off, pick up or for any other reason. CCTV and number plate recognition is in operation. Anyone in contravention of this restriction will be liable for a parking charge notice of up to £80.00. There is a £2.50 Drop off Zone in place at Luton Airport (it must be an old letter template as they currently charge £3.00 for 10 minutes) This was introduced to ease traffic congestion at the terminal. We do however offer free parking at the Mid Term car park for up to 30 minutes.
    Restrictions in place at Luton Airport do not allow passengers to enter or exit the vehicle when on the approach roads or roundabout: even in the event of a forced stop due to traffic. This rule has been enforced to ensure the safety for pedestrians and drivers around Luton Airport, as well as to maintaining the traffic flow.

    picture of the No stopping sign inserted

    4 pictures of the car 4 second apart first showing a person (obscured) standing next to the vehicle.

    Whilst we appreciate the points mentioned in your letter (They have most likely never read it), however they do not justify the cancellation of the notice, As a driver (never told them who the driver was - only confirmed the name of the registered keeper) it is your responsibility to make sure you follow the instruction on the signage.
    As your vehicle was parked(can 4 second stop constitute parking?) in contravention of the terms and conditions of the car park we are satisfied that the notice was correctly issued in accordance with the BPA code of practice, and are therefore not able to waiver the charge on this occasion.

Page 2
    • Redx
    • By Redx 12th Jun 17, 12:03 PM
    • 15,211 Posts
    • 19,172 Thanks
    Redx
    I can tell you what will happen next

    you will be told that APCOA do not wish to contest the appeal or proceed with the matter and so it will be closed

    they dont like seeing forum aided appeals , especially when they are fully aware that bylaws apply, so they will move onto easier targets that dont fight back

    good luck
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Theseeker
    • By Theseeker 12th Jun 17, 2:20 PM
    • 19 Posts
    • 8 Thanks
    Theseeker
    )

    I would start by saying that this is a bylaws issue and so the case should be struck out by POPLA who do not rule on non-relevant land issues

    or something similar (even though its in the appeal itself) , even if it starts in your opening statement
    Originally posted by Redx

    They changed it now and started considering byelaws cases. Below I copied the disclaimer from their website


    POPLA has taken the decision to consider the cases previously adjourned due to Byelaws. We initially placed these appeals on hold after receiving complaints that we did not have the remit to consider if a Byelaw had been breached. After considering our position, we feel it is important to offer an appeal service to motorists so that they can have an independent assessment made. As such, we will look at the appeals we have placed on hold since September 2016. As of 5 January 2017, we had approximately 1,300 appeals on hold. If you have an appeal on hold for this issue, we would ask for your patience while we work through these. We would remind you that while an appeal is with POPLA, the parking operator is unable to pursue payment.
    • Redx
    • By Redx 12th Jun 17, 3:03 PM
    • 15,211 Posts
    • 19,172 Thanks
    Redx
    that statement applied to the cases they had stayed , as it clearly points out

    this is half the story

    now finish your research and find out what JOHN GALLAGHER said in the follow up meeting, and what he did as regards ALL of those stayed cases (which applies to any subsequent cases too)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Theseeker
    • By Theseeker 12th Jun 17, 3:32 PM
    • 19 Posts
    • 8 Thanks
    Theseeker
    Just out of curiosity - where would I find it?
    • Redx
    • By Redx 12th Jun 17, 3:35 PM
    • 15,211 Posts
    • 19,172 Thanks
    Redx
    best source of info on parking matters is parking pranksters blogsite

    and please remember, some of us have been around for years dealing with this topic , so what you are given is the tip of the iceberg , we keep the bulk of our knowledge below the waterline

    all those cases that were stayed were quickly dealt with, so our current advice is based on what he said in that significant meeting , not long after that statement was issued several months ago

    look for the ISPA BOARD MINUTES on here as well
    Last edited by Redx; 12-06-2017 at 6:16 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Theseeker
    • By Theseeker 22nd Jun 17, 1:37 PM
    • 19 Posts
    • 8 Thanks
    Theseeker
    This message has just arrived from POPLA


    Thank you for submitting your parking charge Appeal to POPLA.

    An Appeal has been opened with the reference XXX.

    APCOA Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

    Yours sincerely

    POPLA Team


    Thank you to all of you wonderful people on this forum for your help and advice. Next step will be complaining to DVLA for giving out personal information.
    • pappa golf
    • By pappa golf 22nd Jun 17, 1:55 PM
    • 7,240 Posts
    • 7,391 Thanks
    pappa golf
    This message has just arrived from POPLA


    Thank you for submitting your parking charge Appeal to POPLA.

    An Appeal has been opened with the reference XXX.

    APCOA Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

    Yours sincerely

    POPLA Team


    Thank you to all of you wonderful people on this forum for your help and advice. Next step will be complaining to DVLA for giving out personal information.
    Originally posted by Theseeker

    on what grounds may I ask?
    • Theseeker
    • By Theseeker 22nd Jun 17, 2:17 PM
    • 19 Posts
    • 8 Thanks
    Theseeker
    APCOA did not contest it, so no explanation was given on what grounds
    • pappa golf
    • By pappa golf 22nd Jun 17, 2:19 PM
    • 7,240 Posts
    • 7,391 Thanks
    pappa golf
    perhaps they did not contest due to costs , however they did ask for your info correctly from the DVLA
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