Apcoa Luton Airport PCN arrived after 14 days

spoon43

Evening all,

I'm new to posting here!and to this forum. I wonder if anyone can help.
I received a PCN. 01 Failing to park in a designated area in Luton Airport.
Time of the alleged contravention 20/12/13
Date of issue of the PCN 8/01/14. 19 days later of the time of the alleged contravention and received it on the 9/01/14
For info: The driver Drove up to pick somebody up to the drop off area and missed the correct lane. He ended up in a mini roundabout further up, stopped and put his emergency light on in order to understand where to go, on the left was the entrance of a parking the other two were exits from parking only, so the driver would have to turn around and drive half a mile back to another roundabout in order to come back and take the drop off entrance again because the main roundabout at Luton airport is not actually a roundabout as we know it (see google map for information)That the way Luton airport has been designed I suppose to stop motorist to turn and turn around the roundabout while waiting for people and cause traffic. By the time the driver work out what to do the passengers where next to the car and wondering what is going on and jump in the car. So in all the driver stopped and stayed with the engine on and emergency light on for just over a minute according to the time on the pics from the PCN.

I received 3 pics on so called Parking Charge Notice:
1st distant view rear light!
2nd little closer view of a vehicle
3rd showing reg and car with emergency light on.

For the record I went to APCOA website and saw that the fine was still at £40 and was just about to pay when as a curiositie I Google APCOA PCN and found this forum and didn't click for payment and decided to ask for help before paying. I subsequently read various posts today on this Forum! the Newbies from Coupon-Mad and all sort of cases with some similar to mine but any help would be really appreciated as I am a bit confused on what to do first.
Do I send a letter to challenge APCOA or send a email to complain to the BPA and the DVLA as seen on some post about the time I received the PCN over the 14 Days timeframe? Don't really know to be honest. So if you could help me that would be great. Thanks.

In the PCN they do mention 'date given', I don't know which date they are referring to, is it the alleged contravention date or the Date of issue of this notice? I thought the date of which the PCN should arrive by is from the alleged contravention. Is it correct?


Here is the exact wording of the:
PARKING CHARGE NOTICE. London Luton Airport.

Notice is hereby served to the register keeper of vehicle registration mark xxxxxx
For the alleged contravention of 01- failing to park in a designated area at Luton airport on xx at xx]
The alleged contravention is a BREACH OF THE TERMS AND CONDITIONSOF USE of the Airport road infrastructure and signs are clearly displayed throughout the area showing these terms and conditions.
Please note that the driver of the vehicle at the time of the breach of terms and conditions detailed above is required to pay the parking charges in respect of the above and these have not yet been paid in full.
As we do not know either the name of the driver or their current serviceable address, we request that you either pay the full amount outstanding as noted above; or if you were not the driver of the vehicle at the specified period provide us with the name of the driver and their current serviceable address and pass this notice onto them. lf you have sold the vehicle, please provide us with the details of whom the vehicle was sold to as well as proof of sale. If you are a Hire Company please provide the name and serviceable address for the Hirer along with a statement signed by or on behalf of your firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement, a copy of the hire agreement and a copy of a statement of liability signed by the hirer under that hire agreement, within 28 days of the ‘date given' above.
A charge of £80.00 is payable and must be paid before the end of the period of 28 days beginning with the 'date given' above. If the charge is paid before the end of the period of 14 days beginning with the 'date given’, the amount of the charge will be reduced by 50%.
The vehicle keeper data has been obtained from the Driver and Vehicle Licensing Agency (under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002). They have provided the details above as the registered keeper of the vehicle at the date and time of issue of the Parking Charge Notice. If you believe your data has been used/provided inappropriately, you can notify the DVLA by contacting 0870 240 0010.

Collection activity may result in increased charges and APCOA Parking (UK) Ltd may engage third party Debt Collectors or commence legal proceedings for the recovery of the charge together with all associated costs.

Should you wish to dispute the issuing of this Parking Charge Notice, you can do so in writing to the address listed below within 28 days from the 'date given’ of this letter. All appeals must be directed to APCOA in the first instance. The Independent Appeals Panel- POPLA, may be engaged as a final avenue of recourse once APCOA’s appeals process has been exhausted.

Thanks is advance.

Redx

this may help explain it https://forums.moneysavingexpert.com/discussion/4819875

and this one https://forums.moneysavingexpert.com/discussion/4813115

just use the forum search tool and apcoa luton like I did , plenty of threads to help you

also re-read that sticky thread called newbies , has more info and links within it too

spoon43

I'll have a look, Thank you Redx for your quick reply.

spacey2012

ENVELOPE !
Date of postmark !

This is the important bit, go get it out of the bin and put it somewhere VERY safe. :eek:

spoon43

Not sure I still got it. But between the date of the alleged contravention (20/12/13) and the date of issue of this notice (8/01/14) there is 19 days. is it not enough? the envelope will not show a earlier date then 8/01/14?

spacey2012

It counts as proof of service of a document to a court.
Cuts out all excuses about typo's on dates.

On any served document, the envelope is probably the most important bit.

spoon43

I see, thank you, I'll have a look ASAP hopefully it's in the recycle bin.

HO87

The date of the postmark itself is somewhat irrelevant as in these circumstances the POFA requirement is that the NtK is served within 14 days of the parking event. The date of the notice is 19 days after the event and if therefore follows that it would have been impossible to serve it in time.

That assumes that APCOA intend to follow POFA anyway - and there is no guarantee that that is so. Indeed, more recent PCN's issued by them from both Luton and Birmingham have been issued under pre-POFA provisions and that may well apply here.

The Op should appeal to APCOA along the following lines:

Dear Sirs

PCN No. XXXXXXXX

I refer to the above notice dated 8 January relating to an issue some 19 days before on 20 December 2013.

For the avoidance of doubt I am the registered keeper of the vehicle concerned and was at the time of the alleged contravention.

As the keeper of the vehicle I wish to appeal against the issue of the notice on the following grounds:

1. It is denied that any debt exists or is owed.
2. It is contended that you have no right or authority to enforce on the land in question either in your own name or as agent of the landowner or, in the alternative, that you lack sufficient right or authority to enforce either in your own name or as agent of the landowner.
3. The charge represents a punitive and unenforceable demand and, in any event it is contended, it does not represent a genuine pre-estimate of your loss in relation to the alleged incident.
4. That your signage is deficient to the extent that it fails to comply with the requirements of the British Parking Association Approved Operators Scheme Code of Practice and that in any event it failed or fails to convey an offer to contract.
5. That your notice was served out-of-time and, in any event, is deficient in form and content such that it does not comply with the requirements of the Protection of Freedoms Act 2012.

I therefore ask that you cancel this charge forthwith.

I hereby give notice that should you not cancel this charge immediately and that by your further pursuit of this unfounded and unreasonable matter you require me to research, prepare and submit a more detailed appeal to POPLA and/or a defence to the matter in court that I will hold you liable for my costs such costs falling due upon invoice. You will be deemed to have accepted these terms by your performance.

If you are in any doubt as to your position in this regard you are advised to seek immediate legal advice.

Yours faithfully

spoon43

Hope that helps

Coupon-mad

APCOA don't use POFA2012 PCNs at Airports now. So it wasn't late. This is covered in the newbies sticky thread, not all fake PCNs are issued under that law.

It was just not a ticket that can establish any keeper liability - so it's EASY for a keeper to win at POPLA - do use HO87's appeal for a 'starter for 10'!

Trebor16

So a PPC can issue their invoices outside of the time limits imposed by POFA, the registered keeper can still appeal and request a POPLA code but the PPC, by going down this route, give up the right to pursue the registered keeper and can only pursue the driver?

4consumerrights

Trebor16 wrote: »

So a PPC can issue their invoices outside of the time limits imposed by POFA, the registered keeper can still appeal and a request a POPLA code but the PPC, by going down this route, give up the right to pursue the registered keeper and can only pursue the driver?

Yes..that's correct. The two tier system - even more reason not to identify drivers.