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Parking Charge Notice (APCOA) Birmingham Airport

Hello all! This is the first time that I am on posting on here so please bear with me!

My dad is a taxi driver and has received the dreaded notice from APCOA.

He was picking up a customer from the ETAP Hotel. The customer told him to wait outside as he would be there. My dad arrived and pulled up outside the hotel. The customer hopped in and within a space of a minute, they were off. My dad then received the parking charge notice about 3 weeks later for BA01 - Failing to park in a designated parking area.

There was a sign marked "drop off only" but as he was there for a minute with the engine still running, wouldn't that be within the rules?

He is now stuck. He doesn't know whether he should pay (£100 or £50 within 14 days) or ignore the whole thing.

Any suggestions as to what to do?

Replies

  • I too received a letter today I didn't realise they were sending out letters like this. i hadn't given a thought to stopping in an undesignated place, and hadn't noticed any signs either.

    My daughter walked up road from arrivals to meet me as I was running late, I saw her, stopped beside her, she threw luggage in back and hopped in front and we continued down road, round the roundabout and off home. The letter is dated 30th July and the so called offense was on 8th July it showed 3 photos and total time elapsed was 18 seconds !!!

    So advice please do I ignore (this would make me feel uncomfortable) or respond, I believe they should have contacted me within 14 days in any case but should I be disputing lack of signage or ???
  • Same here, come home yesterday to find a letter dated the 30th where the incident happened on the 8th. I'm tempted to drive back up to the airport and just see if any signs are near where I was picked up from
  • ok any idea from any forum members - what do we do next ..ignore? or write letter?
  • Guys_DadGuys_Dad Forumite
    11K Posts
    10,000 Posts Combo Breaker
    Forumite
    ok any idea from any forum members - what do we do next ..ignore? or write letter?

    First thing is to search the forum for APCOA. You will find a number of threads already primed with advice. As some regulars are on holiday, you will get a good idea what to do from the existing threads.
  • UmkomaasUmkomaas Forumite
    38.1K Posts
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Forumite
    And each of you need to start your own threads. Jumping in on others' threads just leads to confusion and regulars will not generally post to numerous, disparate posts, which often means the OP doesn't get an answer.

    So please do start your own and someone will get round to all of you in due course - we will want you, in your own respective thread, to give us more information, then we can get on with guiding each of you, individually, through the process.

    Just do it !!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    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.
  • One of the problems with a situation like this is that these companies effectively make up their own rules. If you are issued with a Fixed Penalty Notice (FPN) by a Police Officer or PCSO these can be appealed against at the Magistrates' Court.

    In a car park, failure to pay usually results in a "ticket" for not paying the (correct) fee. This is effectively an invoice and the company can only claim the amount of money they have lost, plus a reasonable fee for administration costs.

    In the case of picking up in a drop off zone, I would suggest speaking to the hotel and asking what their policy is with regard to the parking company. It doesn't sound to me as if it's a very customer friendly policy and I really can't see any logical reason why a driver should be penalised for this. He doesn't appear to have been causing an obstruction or a hazard, and if the signs are not clear then perhaps a call to the local Trading Standards Officer might be in order.
  • StromaStroma Forumite
    8K Posts
    Uniform Washer
    Well if they have sent the notice to keeper more than 14 days after the event they are in breach of the Protection of Freedoms Act 2012, and the BPA Code of Practice.

    Try writing this to them, don't admit being the driver, refer yourself as the the third person ie the keeper, when they reject it come back for help with popla appeal, you can get a win there with the right wording which we can help with.


    Ref xxxxx

    Date

    Dear Parking Company


    The keeper is in receipt of your parking invoice, we notice that your Notice to Keeper is in breach of the Protection of Freedoms Act 2012 by arriving after the mandated 14 days of issue of ticket. Which is also a breach of the BPA CoP.

    The keeper wishes to invoke your appeals process on the above, and on that you haven't given any grace period to the keeper to accept or reject your terms and conditions which you must do under the BPA CoP. Also your signs are inadequate as they were not at the place parked.

    As this is clearly an unlawful punitive penalty, the keeper requires that this matter is dropped, we look forward to confirmation of this, or within 35 days a popla verification code to appeal to them.

    There will be no further communication to your company, and this is the final position of the keeper.

    Sincerely
    Name ( printed )
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • edited 12 August 2013 at 12:02PM
    Coupon-madCoupon-mad
    111.8K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    edited 12 August 2013 at 12:02PM
    I hope all you newbies on this thread realised that the advice to you is the same as every private parking ticket thread you will read. Start on page 1 of the forum). If you think the advice is IGNORE then you are wrong, you've read OLD threads, so please read current ones about any PPC (not just APCOA).

    You simply challenge without naming the driver, then you win at POPLA. Read up on it and those of you who didn't start your own thread yet, start one when you are at the stage of drafting your long and detailed (winning) POPLA appeal. Like the ones you will read about linked on other current threads on the first few pages of the forum. What's POPLA and how do you write a winning POPLA appeal? Read other threads, we've posted it every day for months - in particular look at Airport threads (Luton for example) as their land is not even 'relevant land' under the Protection of Freedoms Act 2012 (therefore likely to be no keeper liability at all, so never imply who was driving).

    Can't keep posting the same stuff again and again. We need a sticky saying what to do.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you all for the advice. We received a letter stating that they reviewed the footage again and have decided to cancel the charge. Thanks again!! :)
  • StromaStroma Forumite
    8K Posts
    Uniform Washer
    Well done :)
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
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