Birmigham airport apcoa parking fine

alexanderpaul

i have received this morning a letter from apcoa containing all of their evidence as requested by popla, the last page is a list of their charges, is this normal procedure?
Thanks

Dee140157

Yes, this is their evidence pack. If you have the time and inclination you can go through and see if there are any glaring errors. If so you can send further details to POPLA responding to their evidence. So for example if they are including all the running costs of people and rent of buildings etc the. You can quote this back at POPLA from a recent successful appeal

"Firstly, I find that the charge is not justified commercially and so must be shown to be a genuine pre-estimate of loss in order to be enforceable against the Appellant. It seems that the courts have accepted a third category of liquidated damages, a sum which is commercially justified – in cases where the sum is neither a penalty nor is it strictly a genuine pre-estimate of loss – where the Operator has substantiated the loss incurred, or the loss that might reasonably be incurred, by the breach.

However, I do not accept the Operator’s submission that the inclusion of costs which in reality amount to the general business costs incurred for the provision of their car park management services is commercially justified. The whole business model of an Operator in respect of a particular car park operation cannot of itself amount to commercial justification.

The Operator must show that the charge sought is a genuine estimate of the
potential loss caused by the parking breach. The Operator has produced a
list of costs; however, a substantial proportion of these appear to be general
operational costs, and not losses consequential to the Appellant’s breach.

The aim of damages for breach of contract is to put the parties in the position
they would have been in had the contract been performed. Accordingly, the
Operator cannot include in its pre-estimate of loss costs which are not in fact
contractual losses, but the costs of running its business and which would have
been incurred irrespective of the Appellant’s conduct.

You can do a forum search for rebuttal or evidence pack and see what others have found. Bazter is usually good with this.

alexanderpaul

Thanks Again

The_Deep

Is this for parking in an airport car park, or for stopping/dropping off. If the latter them keeper liability may not apply. This means that, if they do not know who was driving they are !!!!ed. Read up POFA on "relevant land".

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

If an appeal falls to be considered under this heading you may if you wish appeal on this point alone.

http://forums.pepipoo.com/lofiversion/index.php/t90606.html

alexanderpaul

Hi All, the appeal was upheld by POPLA due to Apcoa not following the correct notice period and Apcoa not knowing who was driving the car, so thanks to all of you who helped with good advice.

Dee140157

Can you post the full decision on the POPLA decisions thread at the top of the forum please along with the assessors name .

alexanderpaul

will do, may take a couple of days