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

0308966u

Hi guys

Apart from an acknowledgement from Steve Clark and the DVLA I have received no correspondence however today I received a response to my appeal from APCOA regarding the appeal and rejecting it.

One thing that stands out is that the signs (which i genuinely didnt see ) indicates a charge of £80 will be enforced and also "no stopping at any time to drop off or pick up"

I first of all wasn't even given an option of £80 (not that i would have paid- first letter asked for £100) but also i didnt drop off or pick up any passenger - i was sick and stopped for under 2 minutes (timing on photographs show 1 min and 40seconds)

I maybe should have waited as it is now 33 days and they have replied to the appeal (they have replied within the 35 day window).... however that was after initiating a debt collection pathway without replying to my appeal so still in breach of 2 aspects of the code; failure to reply to appeal within 14 days; pursuing the debt while an appeal is in progress.

I have been provided with a POPLA code - should i appeal this or await a response from the Steve Clark at BPA and the DVLA.

The reply in response to my appeal indicates that they dont have to issue within 14 days as it wasnt issued under POFA (i stated this in my email that it was outwith this time)

It also states that "the registered owner is liable to provide with driver's information or the notice can be recovered from the owner. If the keeper of the vehicle was not the driver at the time of the breach of the terms and conditions, the keeper is required to provide full details of the driver. If after 28 days beginning with the day after that which the notice was given, the parking charge has not been paid in full, and we have not been made aware of the name and a current address of service of the driver, under schedule 4 of the protection of freedoms act 2012, we do have the right, subject to the requirements of the act, to recover from the keeper of the vehicle at the time it was parked so much of that amount that remains unpaid" "please note as the registered keeper you are liable for this ticket, unless details of the driver are provided"

The english isnt great but thats a side point - the main point is they state it wasnt issued under POFA but then state schedule 4 of POFA?

It looks like a copy and paste job as in the letter they state APCOA are liable to justify the charge of £80 (however the charge given to me is £100)

Any assistance would be much appreciated - i shall be happy to put together a POLA appeal as they have given a verification but i have exams and will await to see if the experts recommend i appeal now (28 days) or await a response from Steve Clark and DVLA.

Many Many Thanks Folks
:mad:

0308966u

It gets even more complex now... I thought i would call debt recovery plus and advise the debt is disputed and to cease any further letters (not that they were going to)

BUT the lady said the debt was cancelled.... on the same day that my appeal letter is dated.... I dont want to take that as the appeal has been accepted as i have a letter saying it hasnt from APCOA - looks like steve clark and DVLA after they sent the appeal may have managed to "convince" APCOA to cancel the charge....

Im even more confused now....

Sorry being a nuisance to all the helpers on this site - from now on whenever i can help i sure will

Redx

I would draft my popla appeal seeing as you have 28 days to get it in from the date it was generated, then if you get a cancellation from apcoa you are ok, if not ensure the popla appeal goes in a week before its deadline (check it using the parkingcowboys checker)

better to be safe than sorry

Coupon-mad

I agree - read the NEWBIES sticky thread post #3 link 'How to win at POPLA' - or simply search the forum for 'APCOA relevant Airport' as keywords, to read any other similar threads where the posters have posted their POPLA appeal wording specific to an Airport.

Don't assume and don't wait - because the POPLA code was already ticking down from the 28 days deadline to use it, when APCOA generated it the other day. The clock is ticking on the Code - anything else can wait and maybe in the meantime you'll get a cancellation letter - but maybe you won't and POPLA will cancel it instead.

It's all good either way.

0308966u

Many Thanks for the advice folks - as i keep badgering on about i have exams until april th2 4th - the next day i will draft the letter and send it off to POPLA if required.

Hopefully i will recieve a letter from APCOA indicating it has been cancelled....

Thanks again

WIll keep those interested updated

Stroma

It only takes a little while to draft a letter to popla, most of the wording is here in other threads. IMO you should not wait more than 2 weeks to do this, things have a tendency to crop up

0308966u

Hi Guys
Just to say THANK YOU to everyone for the helpful advice.

Iv been busy with university exams but at the start of this month (June) 1 day before my appeal was due to be heard by POPLA I recieved an email from POPLA stating APCOA had "cancelled the parking charge notice"

However as it was initially not cancelled and only cancelled when it got to POPLA "the appeal was allowed by order of the lead adjudicator"

Looks like even POPLA are onto APCOA fiddling the stats and making it look like this didnt go to a full blown appeal. Well done to POLA for wisening upto the games employed by APCOA.

Result - Appeal Successful :beer::T

THANK YOU SOOO MUCH AGAIN GUYS

pvt

Well done. Great news.

I had not seen this thread before and just read it all through this afternoon.

I was surprised that nobody had picked up from your very first post that you are a Scottish resident and that the car is registered there. AFAIUI this in itself means that PoFA 2012 does not apply, as it is English/Welsh legislation, so they could never have pursued you for keeper liability anyway.