PCN at Birmingham Airport for failing to park in a designated parking areas

0308966u

Hi guys sorry for another thread on this - I was hesitant on posting but it looks like the advice and subsequent letter i send may have changed as APCOA no longer quote POFA in the PCN letter

To cut a long story short I went to collect the wife from birmingham airport as was staying with family in Birmingham (not sure if it makes any difference but we stay in scotland and the car is also registered there).

I wasnt aware of the costly mistake that double parking for under 2 minute could be, (i personally seen no signs indicating there would be a "fine", I parked in a side street causing no obstruction to traffic whatsoever to check arrival times on my phone and seen a camera van approaching after a minute from behind and instantly drove off only to recieve a PCN today.

The offence was on the xxxx and today is the 25/1/14 - it is outwith the 14 day period under POFA rules - if i send the letter below - (an amalgamation of 2 letters i believe posted by coupon-mad (thank you sooo much as i am useless at these things)
would it suffice?

Letter:
"Dear APCOA

I received a Notice to Keeper on the 25/01/2014 and dated 23/01/2014 relating to an alleged incident on xxxxxxxx (more than 14 days).

As keeper of the vehicle, under the Protection of Freedoms Act 2013, the time limit for serving a Parking Charge notice based upon ANPR evidence is 14 days.

Under these circumstances, the keeper is not required to provide you with the name of the driver and you are timed out for pursuing the driver for any charges.

After checking with the relevant sections of the POFA- APCOA have breached the BPA's Approved Operator Scheme Code of Practice and have arguably wrongfully obtained registered keeper data from the DVLA.

I further contest the charge as the driver reports that the signs were not BPA compliant in size, colour and writing and, as such, failed in their requirements as laid down by POFA and the BPA and also that no contract was entered into.

If you pursue the matter against me as registered keeper and issue any further correspondence or make any form of contact.

Any correspondence will be considered harassment (other than cancellation the charge or reject the challenge and supply me with a POPLA code). In that event I will lodge an official complaint with the BPA Ltd and the DVLA AOS Compliance Manager, as well as with the Office of the Information Commissioner.

Take formal notice that I will of course include your client (Birmingham International Airport LTD) in any complaints and, in addition, they will be named as jointly and severally liable in any future court claim I may seek to lodge with MCOL, for damages for harassment and specific breaches of the above Acts.

I reiterate that no further correspondence will be entered into, except a POPLA appeal which I will gladly submit if APCOA choose to fund that stage. No further warning will be given if I pursue the matter through the Small Claims Track against APCOA and your client (Birmingham International Airport LTD)).

I therefore expect you to immediately cancel the ‘parking charge’ and inform me in writing that you have done so.


Yours faithfully,
Keepers name"

Thanks for all your help in advance folks-
I have seen others have been asked to email BPA and also DVLA which i shall happily do when i know what grounds to "appeal" on

Thanks again
Long time Lurker of MSE but only posted afew times

Forgot to add its £100 but £50 if paid in 14 days

0308966u

Please anyone have any advice?

peter_the_piper

Give them time, its a weekend. Someone will surely be back soon. You could always post this on pepipoo.com for a different slant on this.

Stroma

You sure it doesn't mention keeper liability or anything that implies that the registered keeper is liable. Because if it doesn't they can only pursue the driver, and of course you don't tell them who that is.

On another matter, bumping your thread after 45 minutes is annoying! We who advise on here actually do have a life outside this forum, it's the weekend a lot of people have got family and kids. Please bare that in mind

0308966u

Sorry for the impatience... I shall await patiently.
Thanks

0308966u

Apologies for the bump..
It doesnt mention keeper liability but mentions as we do not the name of the driver or the current serviceable address we request that you either pay the full amount or if you were not the driver you provide the name and current serviceable address .... I presume thats not keeper liability?

trinidadone

hello 0308966u, welcome to moneysavingexpert.com. i really hope you get this sorted, and bump as much as you want

0308966u

Thanks trinidadone - i gues it was uncourteous of me but i seen all other posts getting ansewred but mine so it was more of a plea than anything as i genuinely dont have the funds to pay within the next month but hoping i dont have to pay.
PS i joined sometime ago and then got busy with uni but always been here over last few years - just never posted

Stroma

Send something like this

Dear Ticketers

I am as the registered keeper of (reg) in receipt of your invoice xxxxx dated xxxxx. I deny any liability to your company, and wish to inform you of the following.

1) I have no legal obligation to name the driver
2) As you appear to be issuing this outside pofa 2012, there can be no keeper liability
3) Your charge does not reflect a genuine pre-estimate of loss to your company or the landowner

I suggest you take this up with the driver of the vehicle at that time, obviously that is a bit difficult as you do not know who that is! And you will not receive this information from me.

Your choices are either cancel this charge or send a popla verification code. If you do insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.


Faithfully

0308966u

Thank you Stoma (sooooo much!)

Its worrying the daylights out of me as the debt im in since being made redundant.

So just to confirm i should leave all the other long winded parts out?

Many Thanks

Stroma

Yes just leave what you've written out and send the above. But others may have something to add, so wait a little bit for that. This is not a race it's the weekend so it's not going to be handled until a week day.

Best of luck getting another job, it's tough out there so I hope you find something