APCOA at Luton again

j4a

Hi boys and girls.
I've spent a lot of time reading on this forum and it looks that I have a standard situation. PCN from APCOA at Luton airport. They sent me a PCN with "alleged contravention of 02-Dropping off /Picking up outside of a designated parking area". I have to say there is no mention of PoFA or keeper liability in their notice. And it had been delivered within 14 days period.
Using this forum I drafted a letter to APCOA. Before I send it, I would like to post it here for your coments.

Dear Sir/Madam,

I am writing to you as the registered keeper of the vehicle in relation to a parking charge notice (PCN no. XXXXXXXXXX) received on XX/XX/2013. I am asking you to cancel this charge immediately for the following reasons.


1) The supposed signs/warnings were not adequate. The signage is not adequate to form a contract between driver and operator. The key wording is too small and too detailed to read from a moving vehicle. The only way to read the signs is to stop and park, thus contravening the instructions.

2) No contract was knowingly entered. Forming a contract with ill informed customer is in breach of The Consumer Protection from Unfair Trading Regulations 2008

3) The charge is unjustified. The amount demanded is a penalty and not a genuine pre-estimate of loss.The charge does not represent a true pre-estimate of loss and the operator has not given a breakdown. It is impossible that the landowner lost money through the drivers actions. Equally, as APCOA make a sizable profit, their charge cannot represent a loss.

4) No legal authority to issue a PCN. The operator is not authorised by the landowner to issue charges.

5) POFA 2012 does not apply so registered keeper is not liable.

If you do not cancel this charge I would like you to send me a POPLA code as I will be taking this to them. If you contact me for any reason other then to inform me my charge has been cancelled or to issue me with my POPLA code only, I will take it as harassment.

Regards
XXXXXXXXXX

I will appreciate any comments.
Thank you

Guys_Dad

It will be rejected, of course. Hopefully you will get a POPLA code by return.

I don't personally, like your last sentence as it stands as it seems a bit soon to use the "h" word, but that's just my view. Also, I would rephrase the genuine loss bit as it almost reads like a POPLA appeal. At this stage, you can say that proof of how an extortionate sum could possibly be calculated as a loss to either the landowner or the PPC will be demanded if the ticket is not cancelled.

j4a

Thank you Guys Dad

I guess this was influenced by my anger at all these opportunistic scammers.

Hopefully you will get a POPLA code by return.

Do you mean they might not send me one?

Redx

they get up to all kinds of tricks that dont meet the BPA CoP , including not sending out popla codes (not just apcoa either)

Half_way

Dont forget to drop this little line in...

"'' My challenge is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. 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. ''

taken from the sticky thread at the top.
You may alos want to copy the airport into this as well, as APCOA are their agents, for whos actions airport is responsible for. The idea being that if the airport does not cal,l off their agents then you will hold the airport jointly liable for your costs.

j4a

Thanks guys
So, here is edited copy

Dear Sir/Madam,

I am writing to you as the registered keeper of the vehicle in relation to a parking charge notice (PCN no. XXXXXXXXXX) received on XX/XX/2013. I am asking you to cancel this charge immediately for the following reasons.


1) The supposed signs/warnings were not adequate. The signage is not adequate to form a contract between driver and operator. The key wording is too small and too detailed to read from a moving vehicle. The only way to read the signs is to stop and park, thus contravening the instructions.

2) No contract was knowingly entered. Forming a contract with ill informed customer is in breach of The Consumer Protection from Unfair Trading Regulations 2008

3) The charge is unjustified. If the ticket is not cancelled I will demand proof of how an extortionate sum could possibly be calculated as a loss to either the landowner or APCOA.

4) No legal authority to issue a PCN. The operator is not authorised by the landowner to issue charges.

5) POFA 2012 does not apply so registered keeper is not liable.

One of the points for my appeal is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. 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.

If you do not cancel this charge I would like you to send me a POPLA code as I will be taking this to them.

Regards
XXXXXXXXXX

See if this one is any good

Guys_Dad

j4a wrote: »

Thanks guys
So, here is edited copy

Dear Sir/Madam,

I am writing to you as the registered keeper of the vehicle in relation to a parking charge notice (PCN no. XXXXXXXXXX) received on XX/XX/2013. I am asking you to cancel this charge immediately for the following reasons.


1) The supposed signs/warnings were not adequate. The signage is not adequate to form a contract between driver and operator. The key wording is too small and too detailed to read from a moving vehicle. The only way to read the signs is to stop and park, thus contravening the instructions.

2) No contract was knowingly entered. Forming a contract with ill informed customer is in breach of The Consumer Protection from Unfair Trading Regulations 2008

3) The charge is unjustified. If the ticket is not cancelled I will demand proof of how an extortionate sum could possibly be calculated as a loss to either the landowner or APCOA.

4) No legal authority to issue a PCN. The operator is not authorised by the landowner to issue charges.

5) POFA 2012 does not apply so registered keeper is not liable.

One of the points for my appeal is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. 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.

If you do not cancel this charge I would like you to send me a POPLA code as I will be taking this to them.

Regards
XXXXXXXXXX

See if this one is any good

That looks fine, although it's not usual to add kisses at the end and that number may be excessive. :rotfl:

j4a

Thank you all very much.
I am sending it tomorrow.
Will keep you posted

charisma7

I have just received a letter from Roxburghe collection agency. As I did not write to dispute the letter sent by APCOA. Can anyone advise me as to where I might stand if I simply ignore this letter? Has anyone
else done this and if so what was the outcome?

Many thanks

J

Redx

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

then start your own thread if you need more help

j4a

Just got popla code from APCOA. Plan to put together a letter to POPLA in a couple of days. one thing slipped my attention. Although rejection letter from APCOA arrived within 35 day period, I never got the aknowlegment from them (should have got it within 14 days), which is in breach with BPA Code of Practice. Shall I complain to BPA about this or is it not relevant any more since I received popla code already.
Any comments will be much appreciated.
Thank you