Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Mizmo
    • By Mizmo 15th Jul 17, 11:49 PM
    • 9Posts
    • 2Thanks
    Mizmo
    BHX Apcoa PCN
    • #1
    • 15th Jul 17, 11:49 PM
    BHX Apcoa PCN 15th Jul 17 at 11:49 PM
    Hi,

    Please forgive any mistakes I make during this explanation as this is my first time at such a thing.

    I have received a PCN through the post from Apcoa. It was for parking on double reds whilst passenger got out of the car. (Traffic was tailing back so I used a side road and turned back)

    Iv been reading most of the posts and believe I can get away with this , as it is a private company, or am I wrong?

    I have this template to hand, if I need to amend please do advise and all help is greatly appreciated. Also to add I don't understand the acronyms related to this subject.

    "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,"

    Is that the correct template to use and should I add anything to this?
Page 1
    • pappa golf
    • By pappa golf 16th Jul 17, 12:01 AM
    • 7,149 Posts
    • 7,237 Thanks
    pappa golf
    • #2
    • 16th Jul 17, 12:01 AM
    • #2
    • 16th Jul 17, 12:01 AM
    bit late telling them that you will sue them if they get your data from the DVLA , they already have!!

    and they do not give a monkeys about distress ,
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • Mizmo
    • By Mizmo 16th Jul 17, 12:10 AM
    • 9 Posts
    • 2 Thanks
    Mizmo
    • #3
    • 16th Jul 17, 12:10 AM
    • #3
    • 16th Jul 17, 12:10 AM
    What will be the correct template to use?
    • Guys Dad
    • By Guys Dad 16th Jul 17, 7:39 AM
    • 9,980 Posts
    • 9,023 Thanks
    Guys Dad
    • #4
    • 16th Jul 17, 7:39 AM
    • #4
    • 16th Jul 17, 7:39 AM
    If you were in a traffic jam with the queue stopped, then you did not stop per se but we're prevented from moving.
    • Mizmo
    • By Mizmo 16th Jul 17, 9:12 AM
    • 9 Posts
    • 2 Thanks
    Mizmo
    • #5
    • 16th Jul 17, 9:12 AM
    • #5
    • 16th Jul 17, 9:12 AM
    Maybe I was not clear enough in explaining the situation so I will try again.

    I did not stop in the traffic but pull into a side road ,which is before the drop off point (which is red routed) once dropped off I left and headed out of the airport.

    Do I have grounds to appeal or do I pay the PCN?
    • Disco1972
    • By Disco1972 16th Jul 17, 9:16 AM
    • 4 Posts
    • 9 Thanks
    Disco1972
    • #6
    • 16th Jul 17, 9:16 AM
    • #6
    • 16th Jul 17, 9:16 AM
    Yes this is the correct template you need to use to appeal to APCOA. Just add your details and send the template as it is. Make sure that you do not state who the driver was.


    I was advised to edit the tread you posted so that if anyone checks the forum they cannot tie this to you. i.e. stating who the driver is.


    Apparently APCOA will reject the appeal with a load of counter claims and threats but this is all part of their money making scam. They're in it for the money and it makes no difference to them what grounds you are appealing against.


    The next stage is the important one. You'll get a POPLA code when APCOA reject your appeal. If you look further down the NEWBIES tread it provides information and links for the appeal to POPLA (Parking on Private Land Appeals) you can also search for "POPLA Appeal" to copy and tailor your appeal. There's quite a few on here and doesn't take very long. If you post it on here before submitting the experts will make sure its ok.


    At the point POPLA open the appeal with APCOA is apparently when APCOA will fold. They wont risk losing in court as it would put an end to the whole PCN rip off.


    This is just what I've read from information on here. Please correct me if I'm wrong anyone.
    • Fruitcake
    • By Fruitcake 16th Jul 17, 9:20 AM
    • 39,645 Posts
    • 79,309 Thanks
    Fruitcake
    • #7
    • 16th Jul 17, 9:20 AM
    • #7
    • 16th Jul 17, 9:20 AM
    Of course you don't pay a scammer.

    Just use the BPA template in blue from the NEWBIES thread without any alterations. Copy and paste and send from the keeper.

    You should first edit your posts to remove information about who did what. Only ever refer to The Keeper and The Driver, who are two different people as far as anyone is concerned.

    If/when the appeal is rejected you construct a PoPLA appeal using the template points from post 3 of the NEWBIES. Post your draft here for checking before you send it, but you are not at that stage yet so you will have plenty of time to research it. Byelaws probably apply so you would probably win on that point alone if they do.

    Acronyms are explained in the NEWBIES as well by the way.
    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
    • Umkomaas
    • By Umkomaas 16th Jul 17, 9:20 AM
    • 13,586 Posts
    • 21,298 Thanks
    Umkomaas
    • #8
    • 16th Jul 17, 9:20 AM
    • #8
    • 16th Jul 17, 9:20 AM
    Just send that template as it is. They don't pay any real attention to it. Its main purpose is to indicate you are receiving forum assistance and to elicit a POPLA code when they reject your initial appeal.

    Once you've got your POPLA code, you're then in business and can get the charge cancelled.

    Send your initial appeal in via the method advised on the APCOA NtK. Don't forget to put your name, address and NtK reference number in your appeal. Don't miss their deadline.
    Last edited by Umkomaas; 16-07-2017 at 9:23 AM.
    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.
    • Mizmo
    • By Mizmo 16th Jul 17, 9:45 AM
    • 9 Posts
    • 2 Thanks
    Mizmo
    • #9
    • 16th Jul 17, 9:45 AM
    • #9
    • 16th Jul 17, 9:45 AM
    Which template is the original, as I am sure this is the same as the on in the newbie forum??

    What grounds is the appeal on , the driver has parked on double reds does that not mean they are in breach of highway code so therefore should face a penalty?
    • Umkomaas
    • By Umkomaas 16th Jul 17, 10:41 AM
    • 13,586 Posts
    • 21,298 Thanks
    Umkomaas
    Use the template in blue text. The same as the one you've copied above. Have you altered it in any way?

    the driver has parked on double reds does that not mean they are in breach of highway code so therefore should face a penalty?
    If these were real double reds it would be the council issuing you with a real penalty charge.

    APCOA has no right to issue charges on a road covered by Road Traffic Acts. So you can be sure this was a private road where double reds have no legal meaning.

    Just get your POPLA code then we will advise further. You are going to confuse yourself by trying to run before you can walk.
    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.
    • Fruitcake
    • By Fruitcake 16th Jul 17, 11:00 AM
    • 39,645 Posts
    • 79,309 Thanks
    Fruitcake
    Which template is the original, as I am sure this is the same as the on in the newbie forum??

    What grounds is the appeal on , the driver has parked on double reds does that not mean they are in breach of highway code so therefore should face a penalty?
    Originally posted by Mizmo
    My mistake. I thought you had amended the template but having checked I see I was wrong. My apologies.

    The initial appeal template is designed only to get you a PoPLA code and show the scammers you are getting forum help. You save all your real appeal points, based on legal arguments, for PoPLA.

    Forget the red lines. They are a red herring. Byelaws, if they apply, and the other template points from post 3 of the NWBIES will sort this out.
    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
    • Mizmo
    • By Mizmo 16th Jul 17, 11:41 AM
    • 9 Posts
    • 2 Thanks
    Mizmo
    Thank you so much for the help! I will send out the appeal right away.

    Will keep you guys posted
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,707Posts Today

6,864Users online

Martin's Twitter
  • Byebye! I'm about to stop work & twitter, to instead spend glorious time with Mrs & mini MSE. Wishing u a lovely summer. See u in 10 days.

  • WARNING Did you start Uni in or after 2012? The interest's rising to 6.1%; yet it doesnt work like you think. See https://t.co/IQ8f0Vyetu RT

  • RT @JanaBeee: @MartinSLewis Boris is the anomaly (coffee), the others are versions of normal (beer). Lots of same candidates = vote share d?

  • Follow Martin