Help PCN received

Nicole_123_2

Hi all. Come back from visiting my sick mother abroad and found a PCN waiting for me as registered keeper. Never had even a parking ticket so very panicky. PCN issue date 13 days after incident. Alleged contravention 02- Dropping off/Picking up outside of a designated parking area (Luton Airport) with some pics. As 28 days notice for appeal was running out and I was not the driver, I contacted APCOA to let them know I had just received the letter.
Unfortunately saw this forum after.
Have I messed up. I repeat I was not the driver.
Please help!

Redx

same here too https://forums.moneysavingexpert.com/discussion/4866685

read through those links I posted

Nicole_123_2

Thanks RedX for the help. The car stopped for about a minute. But at no time at all was the car stopped to call it parking.
If a soft appeal draft is forwarded, would you be kind enough to look through it?
Totally anxious!

Redx

they class a car being stopped as parking , doesnt matter what you call it, it stopped and they are trying to enforce no stopping zones, rightly or wrongly

I am no expert on apcoa or these airports but I read the same threads week in and week out , so my point is forget about who did what and concentrate on beating them on legalities or on procedural errors, not some sense of justice

this tells you why https://forums.moneysavingexpert.com/discussion/4835943

so its not about the circumstances, but their rights to say or do as they think they please , when they dont

so if you follow the same actions as previous winners, it goes without saying that you will win too

there are some on here who know much more than I do that comment on Luton airport , or any airport , VCS , APCOA , whoever

let us assume you win on not a gpeol, then its irrelevant what happened or who did or said what, let us assume the signs are incorrect , then its their problem, let us assume bylaws apply, well in that case they cannot enforce parking charges when its on the road

doesnt really matter as you only need one winning point and it gets thrown out, and your mitigating circumstances wont be considered at all by popla, they wont care a hoot and wont bother reading that part, they will look at the legalities and rule on those

so post #8 has your appeal in it

Big_Bad_Dad

Hi Nicole.

Per Redx, they class it as parking. Thankfully APCOA is not an authority and their classifications are purely their own, otherwise fit purely for the dustbin.

The demand would have been unfair and thereby unenforceable even if it had been a case of parking, but in your case there are other technicalities which roll in your favour. The registered keeper does not become liable for unpaid remittance after 28 days because airports are not covered in the Protection of Freedoms Act. Only that way do they continue the dirty practice of immobilising and removing vehicles - the legality of that is all questionable but for the time being, it remains a civil matter to the police.

Anyhow, no matter what APCOA try to bluff you with, you do NOT have to identify the driver, the task is strictly THEIRS. If they wish to sue you as keeper (and they won't), just let them try. Since the demand does not reflect commercial or actual losses it is blatantly penal and thereby unenforceable.

Yours is a case whereby you may continue to ignore. There is no POPLA on airports, and no keeper liability.

Redx

some people may want to take on these PPC`s but the majority do not, they want a quick fix, for it to go away with the minimum of fuss

in this case I do not believe the OP wants a protracted affair for 6 years, therefore they should appeal, cost apcoa money and let popla spank them and that will then be the end of it

that is what most people who come on here want, and that silent majority would be happy if the PPC just cancelled the charge , which they dont like doing , its too heavy handed and the outrage felt by the "layman" is what brings them here in the first place , as in this case

just send in that soft appeal, if they dont cancel and give out the usual hogwash, get a popla code and let them sort it for you nicole, that will then be the end of the matter

like this one against VCS at doncaster http://forums.moneysavingexpert.com/showpost.php?p=64255325&postcount=761

and this one http://forums.moneysavingexpert.com/showpost.php?p=64328058&postcount=776

JLA Liverpool http://forums.moneysavingexpert.com/showpost.php?p=64134156&postcount=716


and APCOA http://forums.moneysavingexpert.com/showpost.php?p=64134264&postcount=718

Big_Bad_Dad

Unless I am mistaken, there is no POPLA service on airport matters. Its exclusion from the Protection of Freedoms Act effectively leaves airport matters in the pre-October 2012 state of parking on private land. I'm told there are airport bylaws which see to this. Only that way do they continue their immobilisation beneath the radar.

Of what I am saying, I am 99% certain. No doubt a more experienced member will correct me if I am wrong.

Redx

what you have failed to take into account is the fact that whatever you may think, the fact is that APCOA , VCS and others are doing this and these cases are going to popla , so no matter what you personally think this is happening , the popla appeals are ruling on it and I think people are going to court over it too

my point is that I believe nicole doesnt give a monkeys about all this legal arguing, she just wants it to be "gone"

so if that is the case, let her get rid of it through popla if we assume that APCOA dont cancel it

if you feel more strongly about this, nobody minds if you yourself go to all these airports at luton , liverpool , birmingham , doncaster , humberside etc and get yourself a PCN in the post for stopping on their "clearways" , then fight it out at court, I am sure we would all welcome there being a few cases before the courts if you wish to help out at all ?

if I were wrong about this, then how come prankster posted about it in his blogs with pictures of signs hidden behind flags ?

or like in dallas, did I dream it all ?

oh no, I posted 4 popla decisions in post #6 didnt I ?

hopefully nicole will follow what I said and do what others have done by going to popla if APCOA dont drop it

Redx

have a look at this one nicole https://forums.moneysavingexpert.com/discussion/4851398

seems to be with popla at the moment for almost identical circumstances

Big_Bad_Dad

POPLA is a money spinner. They'd probably take on a case between you and me where once decided the other owed!

But if POFA doesn't apply, then POPLA or not, the operator cannot legally pursue the keeper and he cannot after 28 days claim he is acting lawfully.

Coupon-mad

POPLA does apply to non-POFA tickets as well.