APCOA Birmingham Airport

Dee140157

The letter I post 7 was okay end by Coupon-Mad in post 8 and there is nothing extra in the NTK that I think needs to be addressed. Remember this is the first appeal. The one to POPLA will be longer. But you may get it cancelled on this.

OBAone

Dee140157 wrote: »

The letter I post 7 was okay end by Coupon-Mad in post 8 and there is nothing extra in the NTK that I think needs to be addressed. Remember this is the first appeal. The one to POPLA will be longer. But you may get it cancelled on this.

Great, thanks. Will use the first appeal letter in post#7 then.

Much appreciated.

Coupon-mad

I think when you've appealed I would also send a scanned copy of the APCOA 'Notice to keeper' (BOTH SIDES) to the BPA and ask them by email to here:

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

1. Why are APCOA allowed to get away with this impersonation of POFA 2012 wording including (without lawful justification) asking the keeper to PAY, when they are not liable on Airport land due to the bylaws prevailing:

'As we do not know either the name of the driver or their current serviceable address, we request that you either pay the full amount outstanding as noted above; or if you were not the driver of the vehicle at the specified period provide us with the name of the driver and their current serviceable address and pass this notice to them. '

2. Why are APCOA allowed to get away with insisting on all the following administratively prohibitive rubbish from a Hire company, when in January the BPA Ltd. are known to have come to a 'Memorandum of Understanding' with the BVRLA that no such onerous 'documentary proof' has to be provided any longer in 2014:

If you are a Hire company please provide the name and serviceable address for the Hirer along with a statement signed by or on behalf of your firm to the effect that the material time the vehicle was hired to a named person under a hire agreement, a copy of the hire agreement and a copy of a statement of liability by the hirer under the hire agreement,

3. More impersonation of POFA2012 wording:

'within 28 days of the ‘date given’ above.'

OBAone

Coupon-mad wrote: »

I think when you've appealed I would also send a scanned copy of the APCOA 'Notice to keeper' (BOTH SIDES) to the BPA and ask them by email to here:

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

1. Why are APCOA allowed to get away with this impersonation of POFA 2012 wording including (without lawful justification) asking the keeper to PAY, when they are not liable on Airport land due to the bylaws prevailing:

'As we do not know either the name of the driver or their current serviceable address, we request that you either pay the full amount outstanding as noted above; or if you were not the driver of the vehicle at the specified period provide us with the name of the driver and their current serviceable address and pass this notice to them. '

2. Why are APCOA allowed to get away with insisting on all the following administratively prohibitive rubbish from a Hire company, when in January the BPA Ltd. are known to have come to a 'Memorandum of Understanding' with the BVRLA that no such onerous 'documentary proof' has to be provided any longer in 2014:

If you are a Hire company please provide the name and serviceable address for the Hirer along with a statement signed by or on behalf of your firm to the effect that the material time the vehicle was hired to a named person under a hire agreement, a copy of the hire agreement and a copy of a statement of liability by the hirer under the hire agreement,

3. More impersonation of POFA2012 wording:

'within 28 days of the ‘date given’ above.'

Many thanks for your help Coupon-mad. I've posted off the Appeal to APCOA yesterday and have just sent the above in an email to Steve Clark at BPA.

Will let you know when I get a response.

Cheers!

bazster

Well if you are up for complaining you could also ask DVLA why they still permit APCOA to request registered keeper details "for the Reasonable Cause of enabling the Customer to seek recovery of unpaid Parking Charges" (KADOE contract B2.1) when briefly stopping on an airport approach road is not parking therefore there is no unpaid parking charge.

DVLA complaints procedure:

https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

OBAone

bazster wrote: »

Well if you are up for complaining you could also ask DVLA why they still permit APCOA to request registered keeper details "for the Reasonable Cause of enabling the Customer to seek recovery of unpaid Parking Charges" (KADOE contract B2.1) when briefly stopping on an airport approach road is not parking therefore there is no unpaid parking charge.

DVLA complaints procedure:

Thanks, will do.

HO87

I repeat this so that it it might be picked up by future posters.

The only objective when making the initial appeal to the operator following receipt of a NtK issued within 14 days of the alleged event (so in cases where no windscreen ticket was issued) is to obtain a POPLA code. That is it. In a very few cases, with specific operators, other boxes must also be ticked but in general there is a simply, single objective.

Therefore an initial appeal need not be more than a few short paragraphs:

Dear Sir

Re: Notice to Keeper, PCN XZXZXZXZ

I refer to the above notice and as registered keeper wish to appeal on the following grounds:

1. The charge does not represent either a genuine pre-estimate of loss or a contractual charge.
2. You, as the operator, lack the standing or sufficient standing to levy such a charge and to enforce it.
3. The signage on site does not conform to the requirements of the British Parking Association Code of Practice and is incapable of representing the basis of a contract.

Please therefore cancel the above charge forthwith or duly supply me with a valid POPLA reference so that I might take the issue up with them.

Yours faithfully

There is nothing to be overworked and including chunks of detail with regard to POFA or the Code of Practice is, IMO, largely pointless at the initial stage.

The same goes for including threats of further action. Unless you are really prepared to go down that route and hold the PPC to timescales and follow through. Such threats have had no apparent impact on the majority of operators and take up time and effort - with some posters worrying unnecessarily about the fine detail/precise wording.

Remember: The detail of what happened in your case will have little or no bearing on how any appeal is decided. In our, now, extensive experience the winning points are the legal ones.

OBAone

Hello,


Just a couple of quick questions please.


I've since posted my initial appeal to APCOA on the 21st June but haven't heard anything back. Is this normal?


Does the law specify how long before I get a response?


Just in case, I've got the proof of postage with me.


Thanks.

bazster

OBAone wrote: »

Hello,


Just a couple of quick questions please.


I've since posted my initial appeal to APCOA on the 21st June but haven't heard anything back. Is this normal?

Yes

OBAone wrote: »

Does the law specify how long before I get a response?

No, but the BPA Ltd. says 35 days.

bod1467

It also says the PPC should acknowledge receipt of the appeal within 14 days, does it not? (And I guess you're still within that window - posted 21st, they received, say, 23rd, they post the acknowledgement out today and you receive on Monday).