Luton Airport Parking Fine

b0b_3

Many thanks Sending today. fingers crossed

prosnap

b0b wrote: »

fingers crossed

No need .. The forum has a 100% record at POPLA.


It also should give you a warm glow knowing that it is going to cost the parking company some money. :j

b0b_3

So my appeal has been rejected and a POPLA number issued.

Redx

b0b wrote: »

So my appeal has been rejected and a POPLA number issued.

no surprise there then

so just find a recent popla appeal for luton airport (apcoa) and plagiarise it for your own popla appeal, also checking the code is valid on the cowboys checker too

make sure it is submitted within the 28 day deadline too

further details are in the NEWBIES sticky thread at the top of the forum

b0b_3

Sorry to be a pain, I am struggling to find a recent POLPLA appeal for Luton Airport that would relate to my letter above.

Any one got a link.

Sorry once again.

Redx

put luton into the forum search box and you will get loads of hits, find a recent one and use that as it comes up every week on here

this includes the hertsrwf one just above yours now too

b0b_3

Could I use this, as the alleged contravention was on the 16th of April and date of issue to the registered keeper was 02nd May 2014?

14th Sept 2013
Apcoa Parking
PO Box 1010
Middlesex
UB8 9NT

Dear Sir or Madam,

Ticket number: LM100
Vehicle registration number:

The unlawful issue of a ‘Notice to Keeper’ (BPA AOS Code of Practice B.22)

I am the registered keeper of a Land Rover motor vehicle registration number

I refer to recent PCN dated 27/8/2013.

I assume your “Parking Charge Notice” and the first line being “Notice is hereby served to the registered keeper” that this is a “Notice to Keeper” and along with other references drawn from the Protection of Freedoms Act (PoFA) it is clear that APCOA is dealing with its claim in accordance with the requirements of Schedule 4 of POFA.

The requirements of Schedule 4 PoFA are quite clear in that there must be strict compliance with all of its requirements in order to take advantage of the rights granted under that Act to pursue the registered keeper in respect of a driver’s alleged debt.

The BPA Ltd AOS Code of Practice (version 2) supports the need for strict compliance (para 21.5 refers).

APCOA has however failed to comply with the statutory requirements as follows;

Firstly, in regards to paragraph 9(2)(h) of Schedule 4, PoFA 2012. Whilst your ‘Notice to Keeper’ has indicated that you require a payment to be made to APCOA, there is no specific identification of the “Creditor”, who may, in law, be APCOA or London Luton Airport or, some other party.

PoFA requires a ‘Notice to Keeper’ to have words to the effect that “The Creditor is….”

The wording of Paragraph 9(2)(h) of Schedule 4 of PoFA does not indicate that the “creditor must be named, but “identified”. To “identify” a “Creditor” a parking company must do more than name that person. The driver is entitled to know the identity of the party with whom he has legally contracted.

This view is supported by the Secretary of State for Transport. He has reserved to himself powers to make regulations to specify not only what must be said in a ‘Notice to Keeper’ but also what evidence should be provided.

He says “The purpose of this power is to leave flexibility to mandate the specific evidence which must accompany a notice to keeper if it becomes clear that creditors are attempting to recover parking charges without providing keepers with sufficient evidence to know whether the claim is valid”

Secondly, in addition to APCOA’s failure to specifically identify the “Creditor”, it has failed to provide any evidence that it, or a third party, is entitled to enforce an alleged breach of contractual terms and conditions.

Thirdly, the most serious failure and that which has given me cause to submit a formal complaint to the DVLA.

You have failed to comply with paragraph 9.4 of Schedule 4 of the Act in that you failed to give the Notice to Keeper to me within the “relevant period”.

The alleged infringement occurred on the 10th August 2013 and no ‘Notice to Driver’ was issued at the time. The Notice to Keeper is dated 27th August 2013 which is 17 days after the event and too late to ensure delivery within the statutory 14 days prescribed by PoFA.

Paragraph 9(4) indicates that the Notice to Keeper must be given to the registered keeper not more than 14 days after the car allegedly infringed the car park terms and conditions. Paragraph 9(6) states that “A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted” which in this case would be the 29th August 2013.

Your company would have been well aware of these facts when it took the decision to send out the Notice to Keeper under PoFA. You have misrepresented the legal position in the full knowledge that there can be no keeper liability.

That is an aggravating feature which the DVLA must take into account in determining what sanction to issue to your company.

I therefore 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 (version 2) 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer this matter (and any further issues that I may subsequently raise) for their adjudication on the matter.

I do not expect to receive a ‘generic’ template response and which fails to address the specific issues that I have raised with you. No further correspondence will be entered into.

Yours sincerely

A

Redx

I prefer https://forums.moneysavingexpert.com/discussion/4992411

bazster

NO!!! b0b, don't send that, you have already "appealed" to APCOA and they have rejected, you need to be appealing to PoPLA now.

Here's a recent PoPLA appeal that someone wrote for Luton Airport, it covers all the crucial bases:

http://forums.moneysavingexpert.com/showpost.php?p=65813498&postcount=14

bazster

wb237 wrote: »

Hi,

I think this is the correct place to post this question and I don't think this has been asked elsewhere as I have looked through the various threads etc.

Basically I received a 'fine' from APCOA last year and because I hadn't read the information in this forum (which is amazing) and read information elsewhere that said to ignore it, I did. Subsequently I received more letters and then wrote to them to explain why I had stopped for 10 seconds (I did not pick anyone up, I just stopped as I was lost and was starting to have a panic attack - explained medical history etc) - I now know this was WRONG. Anyway, they wrote back a couple of times since this and the last time they wrote was about 4 months ago. Since then I have read the information in this forum and know how to reply should this ever happen again.

My question is - considering it's been 4 months or so since I last heard from them should I just leave it and not do anything else, or should I contact them and follow the guidelines outlined in the various threads on this forum?

Any advice would be great, and apologies if this is a) in the wrong place or b) covered elsewhere.

Many thanks.

Please start your own thread!

If you stopped for 10 seconds because basically you were lost this will probably raise a hollow laugh from you:

http://forums.moneysavingexpert.com/showpost.php?p=65746215&postcount=4