Luton Airport Apcoa PCN

bazster

As usual we must agree to differ, the OP can make his own mind up.

HO87

The more of these APCOA jobs the more I am convinced that they are not doing things by POFA although one might argue that there are subtle doffings of the cap to it here and there.

That said, I suspect that in steering past POFA APCOA are inadvertently telling us where they believe their weak point is in respect of their airport ticketing - Luton and Birmingham. POFA specifically refers to "parking events" and the so-called incidents APCOA pick up on are not parking events - after all there is ample precedent from PATAS and TPT to argue that the setting down and picking up of passengers is most certainly not parking. IMO APCOA are treading a dangerous line here and one that is asking to be chopped off.

bazster

If their notices at Luton really have dropped keeper liability I must say I am disappointed, they have shot my fox. I am flying out of Luton on Wednesday and I fully intended for my car to trigger one of these notices in order to pursue a single-issue (non-applicability of POFA/keeper liability) POPLA appeal.

Grrrr!

bazster

And yet another thing: I'd have thought that anyone who has paid up upon receipt of a notice alleging keeper liability would be on firm ground if they submitted an MCOL against Luton Airport and APCOA alleging the tort of deceit and demanding their money back.

Coupon-mad

I am fairly sure these APCOA notices no longer have 'keeper liability' on them as such. But IMHO the point of complaining to the BPA Ltd and the DVLA about the misleading 2 tier system is to voice the opinion of the normal motorist.

POFA comes in a year ago and yet PPCs decide 'I don't like that bit' so opt out. And the DVLA let them!!! And yet to the untrained eye the Notice looks very similar and is, after all, aimed at the registered keeper to all intents and purposes because they are the recipient.

Not fair, deserves mega complaints. :mad:

Casey_Ryback

[FONT=&quot]Dear xxxx,[/FONT]
[FONT=&quot]
Thank you for your email regarding correspondence received from APCOA.[/FONT]

[FONT=&quot]Having looked at the attached document, I cannot see where APCOA have been trying to utilise the provisions of the Protection of Freedoms Act 2012 (POFA). If you have received any correspondence quoting this Act, please can you provide copies of this.[/FONT]

[FONT=&quot]If APCOA were to utilise this Act, they would clearly state that this Act is being enforced and that there is liability on the keepers part. This is not a case of sidestepping parts of POFA, APCOA can only use the provisions of Schedule 4 of POFA if the relevant timescales and circumstances have been met.[/FONT]

[FONT=&quot]Data that is requested from the DVLA for this purpose is released in accordance with regulation 27 (1)(e) of The Road Vehicles (Registration and Licensing) Regulations 2002 (reasonable cause provisions). Whether there are byelaws in force or if the land is managed by contract, this would still demonstrate reasonable cause and the DVLA would release keeper details for this purpose.[/FONT]

[FONT=&quot]If your vehicle did not breach the conditions of parking as stated, reasonable cause would not be available, please can you confirm if this is the case to allow the DVLA to investigate further. If you feel that the notice was issued unfairly, you should raise this using APCOA’s appeals process to explain the circumstances.[/FONT]

[FONT=&quot]With regards to your comments relating to the signage, I can only advise that you await a response from the British Parking Association on this matter as it is not in the DVLA’s remit to provide assurances on this.[/FONT]

[FONT=&quot]I hope this helps to explain the DVLA’s views on this matter.[/FONT]

[FONT=&quot]David Dunford[/FONT]
[FONT=&quot]Vehicle Data Customer Assurance and Compliance Practitioner[/FONT]
[FONT=&quot]Data Sharing Team[/FONT][FONT=&quot]| C1 East | DVLA | Swansea | SA99 1DY[/FONT]

[FONT=&quot]GTN 1213 Ext. 83867[/FONT]
[FONT=&quot](01792) 783867[/FONT]

zzzLazyDaisy

If your vehicle did not breach the conditions of parking as stated, reasonable cause would not be available, please can you confirm if this is the case to allow the DVLA to investigate further. If you feel that the notice was issued unfairly, you should raise this using APCOA’s appeals process to explain the circumstances.

This bit is interesting where APNR cameras are in use.

The conditions of parking by definition exclude the time taken to enter and exit the car park and/or fill up with fuel if appropriate. So it follows that 'reasonable cause' would not be available in many of those situations, where the alleged overtsay is short and can be explained by activities other than parking.

I think we should be encouraging complaints to be made to DVLA's David Dunford, in those cases as he seems to know about these things!

Coupon-mad

As expected then!

Coupon-mad wrote: »

I am fairly sure these APCOA notices no longer have 'keeper liability' on them as such. But IMHO the point of complaining to the BPA Ltd and the DVLA about the misleading 2 tier system is to voice the opinion of the normal motorist.

But APCOA are likely to fold anyway, because they normally do rather than face POPLA where an appeal is clearly from someone who will win.

Casey_Ryback

I have not heard from APCOA yet...Certificate of postage kept in safe place

Casey_Ryback

Hello again,

Could anyone please tell me what is the legal period for a company to respond to my appeal?
I have a feeling they might have thrown my letter into the dustbin...
Great that I have the certificate of posting )

Thanks!