APCOA -More Advise Please

marpol456

Received Camera fine notice BA01 for Birmingham Airport (APCOA) in Jan 2014
Following advice from this forum wrote requesting they cancel the fine. Main points below
1. Notice was from Camera, definitely no windscreen notice
2. Notice was received by the keeper outside the 14 day period, therefore not valid
3. The letter I sent referred to, and was signed on behalf of the registered Keeper


Received notification last week that APCOA will not cancel the fine arguing it was correctly issued, their main points noted below


1. They claim if the original notice made no reference to POFA which it did not, they have upto 35 days to serve notice. (however the notice was served on the keeper, not the driver, There was no windscreen ticket notice, Photographic evidence by ANPR camera )
2. States as the keeper we are liable unless provide details of the driver
3. They have provided a summary of the POPLA appeal process and a POPLA verification Code for us to appeal.
4. Mentions various grounds for appeal but no reference that incorrectly issued or out of time notices valid grounds for appeal


Advice please what should we do now


Many thanks:beer:

ColliesCarer

Hi

You need to forget about the rejection and submit a POPLA appeal - still as Reg. Keeper using the legal arguments that time and again have proved successful
e.g.
1/not a genuine pre-estimate of loss
2/ no authority to act
3 inadequate non- complaint signage

read the sticky NEWBIES thread linked below and go to post #3
First check the validity of your POPLA code usingthe link you will find there to parking cowboys POPLA checker

Then read the link HOW to win at POPLA for information and examples of winning POPLA appeals - choose one to adapt and when you have your draft ready post it up for help fine tuning it

Newbies link
https://forums.moneysavingexpert.com/discussion/4816822

ColliesCarer

marpol456 wrote: »

......
1. Notice was from Camera, definitely no windscreen notice
2. Notice was received by the keeper outside the 14 day period, therefore not valid
3. The letter I sent referred to, and was signed on behalf of the registered Keeper .......

1. They claim if the original notice made no reference to POFA which it did not, they have upto 35 days to serve notice. (however the notice was served on the keeper, not the driver, There was no windscreen ticket notice, Photographic evidence by ANPR camera )

They may have shot themselves in the foot with this - if they are claiming their notice made no reference to POFA - then POFA RK liability doesn't apply and they cannot then pursue the keeper and may only pursue the driver who you are under no obligation to name.
This gives you an extra POPLA appeal point
1) POFA 2012 does not apply so only the driver is liable. As APCOA have not identified the driver, they cannot enforce charges

Coupon-mad

I would have thought you'd have seen umpteen APCOA POPLA appeals by now, when you searched the forum for 'APCOA Airport' and read other threads like yours. So many examples on here already the only difficulty should be picking the best one to copy!

HO87

@OP

Would it be possible to scan in and post up just that section of APCOA's rejection letter that refers to the keeper's remaining liability - even though they claim not to be following POFA (which would be the only means by which they could pursue the keeper)?

marpol456

Thanks
H087
unable to sort upload so word for word Quote


"As a registered keeper of the above vehicle this notice is your responsibility unless you provide us with the hirers detail.


Notices issued under POFA needs to be issued within 14 days of contravention. If POFA is not mentioned then the notice needs to be issued within 35 days of contravention"


So by there own statement RE POFA.
The notice is required to be issued within 14 days which it was not, OR 35 days if not POFA in which case the keeper cannot be liable?


Do I need to progress an appeal??? or just write back reinforcing the point.
OR
write back and proceed with the appeal


Thanks

HO87

marpol456 wrote: »

Thanks
H087
unable to sort upload so word for word Quote

"As a registered keeper of the above vehicle this notice is your responsibility unless you provide us with the hirers detail.

Notices issued under POFA needs to be issued within 14 days of contravention. If POFA is not mentioned then the notice needs to be issued within 35 days of contravention"

So by there own statement RE POFA.
The notice is required to be issued within 14 days which it was not, OR 35 days if not POFA in which case the keeper cannot be liable?

Do I need to progress an appeal??? or just write back reinforcing the point.
OR
write back and proceed with the appeal

Thanks

Proceed with your POPLA appeal - read through the Newbies thread and this will take you to a number of basic templates. Once you have something drafted post it back up and we'll check it through for you.

The POFA-linked elements are really an irrelevance as far as an appeal to POPLA are concerned but should be complained about to both the BPA and the DVLA in the strongest terms - particularly the keeper responsibility section. This is deliberately misleading. Email addresses for complains to those organisations are also included in the Newbies thread.