APCOA Birmingham Airport

nirgon

Advice needed please forumites.

Read similar posts, but looks like the words of the letter below are now different to what was given in those.

Received this letter:

"
PARKING CHARGE NOTICE
BIRMINGHAM AIRPORT

APCOA
PARKING

TO THE RESPONDANT
xxxxxxxxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxx


Charge Notice No. -BIA1005668
Vehicle Reg No. -xxxx xxx
Date of issue - 10/01/2014
Date notice given - ASSUMED TO BE 2
WORKING DAYS AFTER
DATE OF ISSUE



Notice is hereby served to the registered keeper of vehicle registration mark XXXX XXX For the alleged contravention of BA02 - Dropping off / Picking up outside of a designated parking area. at BIRMINGHAM AIRPORT on 29/12/2013 at 11:52 The alleged contravention is a BREACH OF THE TERMS AND CONDITIONS OF 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. If 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 £100.00 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(l)(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 2400010

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.

How To Pay
PLEASE VISIT: url:// a secure online payment

Alternatively you can send a Cheque or Postal Order made payable to APCOA Parking (UK) Ltd to:
APCOA PARKING,
PO BOX 1010,
MIDDLESEX,
UB89NT
Or call 0845 303 7397 and speak to one of our operatives.
"

Am I correct in thinking it's outside of the 14 day rule and more importantly, does it even apply in this case.

Thank in advance for the help.

Redx

doesnt seem much different if any to me judging by all the other similar cases on here

read this https://forums.moneysavingexpert.com/discussion/4816822

bear in mind they dont always chase under POFA 2012 , especially if its not "relevant land"

HO87

The wording of this notice "doff's its cap" in every respect to the Protection of Freedoms Act without explicitly citing it. It also omits any reference to keeper liability. On that basis it is clear that the Notice has not been issued with that in mind and the 14 day limit does not apply.

APCOA remain members of the British Parking Association Approved Operator Scheme and as such are obliged to make use of the POPLA appeal service. On that basis I suggest that the OP appeal using one of the standard short templates for a PPC appeal making sure that they also include the following:

"The notice to keeper, and its service outside the statutory time limit, makes it clear that it is not intended to invoke the provisions of the Protection of Freedoms Act with regard to keeper liability. The keeper denies all liability in respect of the alleged infringement."