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  • FIRST POST
    • Disco1972
    • By Disco1972 26th Jun 17, 8:14 PM
    • 5Posts
    • 9Thanks
    Disco1972
    Birmingham Airport APCOA PCN
    • #1
    • 26th Jun 17, 8:14 PM
    Birmingham Airport APCOA PCN 26th Jun 17 at 8:14 PM
    Really need some advice on if I should pay or appeal against a PCN from Birmingham Airport. I've read lots of the treads and kind of thinking I should appeal but before I do and end up over the 14 day £50 early payment bribe expires thought id ask you guys for your help?


    They pictured "my car" stopping on the reds and "the driver" opening the boot and letting a passenger out of the vehicle outside of the drop off point. The reason "the driver" didn't go to the £1 drop off was because the traffic was heaving and queuing all the way into the airport. They didn't realise they'd broken the parking "contract" until after the event though as they're not a frequent visitor to the airport and signs are small especially regarding drop offs.


    Anyway read and understand all the stuff about private land, not an actually a fine and they have to sue me for breach of contract if I don't pay but do you think from what I've mentioned they'll drop the case if I appeal? also is the below template the correct one I should use for the first appeal? if yes should I also prompt them for a POPLA code ready for the next stage?


    Any advice on my case will be really appreciated. Just worried with my luck I'll end up getting sued paying stupid money as opposed to accepting the £50.


    Template appeal for BPA members - copy this wording into the online appeal box or into an email:

    Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,


    THE NAME AND ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.
    Last edited by Disco1972; 27-06-2017 at 9:07 AM. Reason: On advise
Page 1
    • Redx
    • By Redx 26th Jun 17, 8:18 PM
    • 14,790 Posts
    • 18,600 Thanks
    Redx
    • #2
    • 26th Jun 17, 8:18 PM
    • #2
    • 26th Jun 17, 8:18 PM
    just send the template "as is" with the pcn reference , RK name and address etc

    do not admit who was driving

    edit post #1 to remove any hint of who was driving , we dont care and the PPC`s monitor forums like this one and its a simple matter to take screenshots ("the walls have ears")

    assume I was driving

    they will refuse the appeal and issue a popla code, then use a recent BHX APCOA POPLA appeal from other recent threads about the same thing

    once the appeal goes in , APCOA will tell popla to drop it, at which point you have won

    so just do as others have done before you

    bear in mind bylaws apply , so they cannot issue legitimate parking charges in this manner (even though they do so)
    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
    • Umkomaas
    • By Umkomaas 26th Jun 17, 9:07 PM
    • 13,626 Posts
    • 21,368 Thanks
    Umkomaas
    • #3
    • 26th Jun 17, 9:07 PM
    • #3
    • 26th Jun 17, 9:07 PM
    Don't even think of paying. This is easily winnable, maybe with the initial appeal, definitely at POPLA. APCOA don't sue - they wouldn't want to risk their cash cow being slaughtered by a judge. Once a judge rules against an airport stopping scam PCN, the whole house of cards will come tumbling down at BHX, LJLA, Luton, Robin Hood, Newcastle where various PPCs are coining (and conning) it in from naive and intimidated motorists.

    Not one of them have ever sued a motorist in an airport stopping case.

    the 14 day £50 early payment bribe
    Quite correct with your descriptor. A bribe for you to give them no trouble, 'gratefully' send them the lower amount - and disenfranchise yourself from appealing to POPLA - with an absolutely guaranteed win. Don't fall for this trick!
    Last edited by Umkomaas; 26-06-2017 at 9:10 PM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Disco1972
    • By Disco1972 27th Jun 17, 9:02 AM
    • 5 Posts
    • 9 Thanks
    Disco1972
    • #4
    • 27th Jun 17, 9:02 AM
    • #4
    • 27th Jun 17, 9:02 AM
    Ok I'm going to send the appeal based on what you guys have advised. Many thanks for the pointers. I'll update the thread with the outcome. Also 1st post edited as advised. Thanks again
    Last edited by Disco1972; 27-06-2017 at 9:08 AM.
    • Mizmo
    • By Mizmo 15th Jul 17, 10:33 PM
    • 9 Posts
    • 2 Thanks
    Mizmo
    • #5
    • 15th Jul 17, 10:33 PM
    • #5
    • 15th Jul 17, 10:33 PM
    Hi unfortunately i am in the same predicament and truth be told i didnt even see the red lines... I worked at the airport a very long time ago and used a side road to drop my friend off (same road I would use whilst working there) this time I got a letter thought the lost about a on I had to pay. Do I just copy and paste the template disco had put out?? Help is much appreciated
    • Mizmo
    • By Mizmo 15th Jul 17, 10:35 PM
    • 9 Posts
    • 2 Thanks
    Mizmo
    • #6
    • 15th Jul 17, 10:35 PM
    • #6
    • 15th Jul 17, 10:35 PM
    By!Mizmo15th Jul 17, 9:33 PM

    MIZMOView public profileSend private messageFind more postsView all thanked postsAdd to contacts

    Hi unfortunately i am in the same predicament and truth be told i didnt even see the red lines... I worked at the airport a very long time ago and used a side road to drop my friend off (same road I would use whilst working there) this time I got a letter through the post about a pcn I had to pay. Do I just copy and paste the template disco had put out?? Help is much appreciated
    • Umkomaas
    • By Umkomaas 15th Jul 17, 10:46 PM
    • 13,626 Posts
    • 21,368 Thanks
    Umkomaas
    • #7
    • 15th Jul 17, 10:46 PM
    • #7
    • 15th Jul 17, 10:46 PM
    Hi unfortunately i am in the same predicament and truth be told i didnt even see the red lines... I worked at the airport a very long time ago and used a side road to drop my friend off (same road I would use whilst working there) this time I got a letter thought the lost about a on I had to pay. Do I just copy and paste the template disco had put out?? Help is much appreciated
    Originally posted by Mizmo
    New thread of your own please. Please proof read your posts before submitting to avoid gobbledygook. Otherwise they don't make much sense.

    Have you read the NEWBIES FAQ sticky, post #1 will suffice for now, which will guide you through the early stages of this?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Disco1972
    • By Disco1972 15th Jul 17, 11:13 PM
    • 5 Posts
    • 9 Thanks
    Disco1972
    • #8
    • 15th Jul 17, 11:13 PM
    • #8
    • 15th Jul 17, 11:13 PM
    Hi Mizmo, the more you read the more you'll realise how many people are paying these "invoices" where they really don't have to! Yes use the template I posted but read the NEWBIES tread first. (Newbies! Need help with a private parking ticket? Read this before posting!!) it'll help you understand what the stages are.


    I'm currently waiting APCOA to reject my appeal (which from the posts they will) and then I'm ready to send my appeal to POPLA which I've already mostly prepared in advance. If my case follows many of the others, APCOA will fold when POPLA issue my appeal.


    Follow the advise from Umkomaas and Redx, they really know their stuff. You'll see if you start reading thread from some of the many they have helped before us.


    All the best.
    • Mizmo
    • By Mizmo 15th Jul 17, 11:19 PM
    • 9 Posts
    • 2 Thanks
    Mizmo
    • #9
    • 15th Jul 17, 11:19 PM
    • #9
    • 15th Jul 17, 11:19 PM
    I did read the 'newbies' thread but I still can't make sense of it all.

    I'm new to this site so I must apologise if I haven't done things the right way (I did try to edit that lost bit I couldn't)

    I will start a new thread and hopefully get the help I need.

    Thank you guys
    • Mizmo
    • By Mizmo 15th Jul 17, 11:26 PM
    • 9 Posts
    • 2 Thanks
    Mizmo
    Another thing before o start my own thread,where can I find out what all these acronyms mean?
    • Coupon-mad
    • By Coupon-mad 15th Jul 17, 11:40 PM
    • 48,302 Posts
    • 61,781 Thanks
    Coupon-mad
    In the NEWBIES thread...
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Disco1972
    • By Disco1972 24th Jul 17, 9:36 AM
    • 5 Posts
    • 9 Thanks
    Disco1972
    Ok, I'm within a week of the 35 days that APCOA stated they would take to review my appeal. The 21 days have also passed that is mentioned on my appeal for DPA. Not sure if this has any strength for the appeal though?


    "consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days"


    I received email confirmation from APCOA that my appeal is in process but nothing since. Do APCOA always reply against appeals? If the 35 days expire without hearing from them will this be the end of the case?


    What's the norm with appeals? i.e. do they leave it right until the last few days before rejecting the appeal?
    • Umkomaas
    • By Umkomaas 24th Jul 17, 9:49 AM
    • 13,626 Posts
    • 21,368 Thanks
    Umkomaas
    Not sure if this has any strength for the appeal though?
    Not really.

    consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days"
    What does the DPA say about failure to reply within the deadline? Check it out.

    If the 35 days expire without hearing from them will this be the end of the case?
    Definitely not. Don't forget that unless/until the PCN is cancelled, they have 6 years to pursue you through the courts. They don't do 'court' (at the moment).

    What's the norm with appeals? i.e. do they leave it right until the last few days before rejecting the appeal?
    Pretty standard behaviour.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
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