APCOA appeal rejected - Sorry another APCOA charge (a lease company involved

CostCutter

Good morning folks,

Firstly, I apologise for the long post as I have attached the letters I am hoping to send and any typos as my brain is frazzled!

I lease a car from an autolease company and yesterday a received a letter from them which contained a PCN from APCOA at Luton Airport.

The notice is for the alleged contravention of 02-Dropping off / Picking up outside of designated parking areas at Luton Airport on 27/03/2014 at 05:22.

I wasn't even driving the car at the time. My husband was using my car and had offered to drop off his business partner at the airport. As they approached the airport my husband slowed down to see where to go as he'd never been before and his partner said 'I'll just jump ou here mate to save you time' and he did.
The photos show a time from 05.22:14 - 05:22:24. He never thought anything of it as he never been before and had barely even stopped.

The worst of it is he also picked the same guy up that evening at about 21.30 and he was waiting at the same place and just jumped in the car so I am now expecting a second notice

I spent a large part of yesterday evening and this morning reading through the Sicky and other posts and thank everyone for the advice I've read so far as I didn't know where to start!

I have written 2 letters, 1 to the lease company and the other to APCOA. Please could anyone advise if they think these a ok to send to appeal against the PCN.

1st letter to Lease Company:

Dear xxxxxxx

Thank you for forwarding the first notice from APCOA whichrefers to a parking charge notice issued in relation to the above vehicle.

Please be advised that I am appealing against the charge andas you, the registered keeper of the vehicle have given me full authorisationto deal with the matter I will be dealing directly with APCOA in the firstinstance and then POPLA should the matter not be resolved.

As I am appealing against the charge and therefore givingAPCOA my contact details they should direct any further correspondence to me.

Please DO NOT pay any further notices if received by LexAutolease. I am giving you fair notice that I am dealing with the matter andwill not pay any charges that you may invoice against me for payment of thenotice or administration fees that you apply.

2nd letter to APCOA:

APCOA Parking

PO BOX 1010

Middlesex

UB8 9NT

16th April 2014

PCN: xxxxxxxxx



Dear APCOA,

I am writing to you as the Registeredhirer of the vehicle in relation to a parking charge notice: xxxxx received on 15/04/2014 via xxx Autolease who as‘registered keepers’ of the vehicle have given me ‘the hirer’ fullauthorisation to deal with the matter.

I decline your invitation to paythe charge. I wish to invoke your appeals process, since all liability to yourcompany is denied on the following basis:

1) The supposed signs/warnings werenot adequate. The key wording is too small and too detailed to read from amoving vehicle. The only way to read the signs is to stop and park, thuscontravening the instructions.

2) No contract was knowingly entered. Your signage does not comply with yourATA Code of Practice and was not sufficiently prominent to create any contractbetween the driver and operator. Forming a contract with ill informed customeris in breach of The Consumer Protection from Unfair Trading Regulations 2008

3) The charge is unjustified. The amount demanded is a penalty and not agenuine pre-estimate of loss. The charge does not represent a true pre-estimateof loss and the operator has not given a breakdown. It is impossible that thelandowner lost money through the driver’s actions. Equally, as APCOA make asizable profit, their charge cannot represent a loss.

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

5) LutonAirport land is covered bystatutory bylaws and as such I believe it is not 'relevant land' as defined inSchedule 4, POFA 2012. APCOA is claiming the right to 'registered keeperliability' under the POFA when that right is not available on land covered bylocal bylaws. If you contend otherwise I will require documentary evidenceoutlining the existence and wording of any current bylaws or writtenconfirmation from the landowner that there are none applicable at LutonAirport.

As Registered Hirer of the vehicle and having been given fullauthorisation to deal with the matter by xxx Autolease, please direct anycorrespondence to me at the above address. No further correspondence should beentered into with xxx Autolease.

I expect you to immediately cancel the ‘parking charge’ and inform me,in writing that you have done so. If however, you reject this challenge, then,in accordance with the BPA Ltd AOS Code of Practice, please ensure that youenclose all the required information including the necessary POPLA code so thatI may immediately refer this matter (and any further issues that I maysubsequently raise) for their adjudication on the matter.

Take formal note:
Your unsupported, unsolicited invoice and any further letters if you persist,will constitute harassment. If you continue, your contact and that of any agentwill be deemed a 'serious and persistent unwarranted threat' as found by LordJustice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February2009) and I reserve the right to take the matter further. In addition, thedriver and baby are protected by the Equality Act 2010 which specificallyrenders discrimination, harassment due to the effects of a disability andfailure to make a reasonable adjustment, unlawful. The remedy for such a breachis liquidated damages and if you persist I will reserve the right to take legalaction under the Act.



Thanks guys, I would appriciate any advice
CC

CostCutter

Sorry reading through that now, I don't know why it seems to have joined words together but it isn't like that on my original. I hope you get the gist of it.

Redx

if copying and pasting onto here, to preserve the formatting correctly , copy and paste into notepad on your laptop or pc and save it, then copy and paste it onto here

as for the fact its a leased car, the leasing agent (owner - registered keeper) should name the driver and their address under the BVRLA guidelines and then you get a pcn in your own name , as keeper (or as driver)

then you appeal using the typical template in the newbies thread, or by using successful appeals already posted on here by other members, easily found using the search function

if they reject the appeal, you then appeal to popla

so the RK and hirer should have named the keeper/driver and not involved you at all, apcoa should then have written to you direct with your own pcn

da_rule

The look good. Don't worry about the joined words, it's something that seems to happen when things are copied and pasted over.

Only suggestion I would make is to identify yourself as the hirer rather than registered hirer.

Also, have the hire company forwarded you the PCN or have they identified you as the hirer? The easiest way to tell would be is the PCN in their name or yours?

bod1467

Remove item 5 - you are not the RK so the keeper liability point is moot.

CostCutter

Redx wrote: »

if copying and pasting onto here, to preserve the formatting correctly , copy and paste into notepad on your laptop or pc and save it, then copy and paste it onto here

as for the fact its a leased car, the leasing agent (owner - registered keeper) should name the driver and their address under the BVRLA guidelines and then you get a pcn in your own name , as keeper (or as driver)

then you appeal using the typical template in the newbies thread, or by using successful appeals already posted on here by other members, easily found using the search function

if they reject the appeal, you then appeal to popla

so the RK and hirer should have named the keeper/driver and not involved you at all, apcoa should then have written to you direct with your own pcn

Autolease have said in their letter that they give me full authorisation to deal with the matter. If I write back they will probably charge me an admin fee to write to APCOA.

da_rule wrote: »

The look good. Don't worry about the joined words, it's something that seems to happen when things are copied and pasted over.

Only suggestion I would make is to identify yourself as the hirer rather than registered hirer.

Also, have the hire company forwarded you the PCN or have they identified you as the hirer? The easiest way to tell would be is the PCN in their name or yours?

Thanks I will change the wording to hirer.
They haven't identified me as the hirer the PCN is in their name still, they have just forwarded it to me.

bod1467 wrote: »

Remove item 5 - you are not the RK so the keeper liability point is moot.

Do you think I should make reference to it not being relevant land at all?

Thank you

bod1467

The purpose of "relevant land" and POFA 2012 relates only to keeper liability. Unless you are denying being the driver, thus only the "usual keeper/hirer" then relevant land is, well, irrelevant. (IMHO)

da_rule

For point 5 you can still say it is not relevant land for purposes of POFA but just remove the registered keeper parts. As POFA sets out that they can only use the Act for a charge on relevant land.

I would attach a copy of the letter authorising you to act to the appeal.

da_rule

bod1467 wrote: »

The purpose of "relevant land" and POFA 2012 relates only to keeper liability. Unless you are denying being the driver, thus only the "usual keeper/hirer" then relevant land is, well, irrelevant. (IMHO)

I think that is what the OP is claiming. She has claimed her husband was driving, but it was her name on the hire agreement.

CostCutter

bod1467 wrote: »

The purpose of "relevant land" and POFA 2012 relates only to keeper liability. Unless you are denying being the driver, thus only the "usual keeper/hirer" then relevant land is, well, irrelevant. (IMHO)

da_rule wrote: »

I think that is what the OP is claiming. She has claimed her husband was driving, but it was her name on the hire agreement.

Thank you bod 1467 & da_rule that was what I had meant.

I will enclose a copy of the letter from autolease with my appeal.

Thanks guys :T

CostCutter

Sorry one more question....

Should I send the appeal letter recorded delivery? I'm sure I read somewhere last night to get proof of postage but not to send the letter signed for. I can't find where I read it now though

Thanks CC