APCOA Parking Charge Notice - Birmingham Airport

GB79

Hi,

I have read several posts regarding the procedure for dealing with this, but would like some advice on what to write in my initial letter to APCOA. I understand I can appeal to POPLA if APCOA reject my initial appeal, but would like to avoid getting to that stage. This is the background:-

My wife and I visited Birmingham Airport to collect a relative. At one of the pedestrian crossings, my wife jumped out of the car to make her way to Arrivals. The car was stopped for no more than 5 - 10 seconds, and the engine was kept running. I did not even engage the handbrake. I then proceeded to a nearby car park to park the car whilst I caught up with my wife. I paid the full parking charge upon leaving.

What is my best defence here?

Apologies if there are other threads related to this sort of incident, but there is quite a lot of conflicting information. What are my chances of getting this thrown out at an early stage. I know in an ideal world I shouldn't pay the £50, but I am considering it just for peace of mind!

Thanks in advance....

Redx

clearly you havent read this recent similar thread then ? lower down the page

https://forums.moneysavingexpert.com/discussion/5021475

or the newbies sticky thread at the top of this forum ?

there are dozens of similar threads about apcoa and birmingham airport, plus luton airport , almost all the same

just appeal it and then take it to popla, same as all the rest

its not as if you have to do much except copy and paste due to the dozens or hundreds that have travelled the same route for the same reasons

simples

ps:- there is no conflicting information at all on this one, they are all told the same thing , to appeal it as per the newbies thread, or previous recent examples, or both

there is even a simple flow chart linked in the newbies thread to make it childs play to follow

bazster

Pay??? APCOA???? Are you quite mad?

They are utterly toothless. You could completely ignore them if you wanted, nothing will happen. The Protection of Freedoms Act 2012 Schedule 4 doesn't apply to airports because they are subject to byelaws. It also doesn't apply because the Act is concerned solely with parking, and you didn't park. The non-applicability of POFA 2012 means that they can't hold the vehicle keeper liable, only the driver, and since they don't know who was driving they are a little bit stuck. They are fully aware of all this, and if you carefully read the Notice you have received from them I suspect you'll find it doesn't say that the vehicle keeper must pay, it merely invites payment i.e. it's not a demand, it's a begging letter.

If you do want to try to kill it off rather than simply ignoring several months' worth of increasingly-frantic letters from them and their equally-toothless debt collectors, there are loads of APCOA appeals all over this forum. If you do appeal, though, you must expect to take it to PoPLA because APCOA is not known for simply cancelling these spurious charges. And you must NOT admit who was driving your vehicle.

Did you receive the Notice within 14 days of the so-called "parking" event (counting from the following day)? APCOA is well-known for getting this wrong.

GB79

Thanks both - The alleged parking breach was 5th July. The letter is dated 18th, but I did not receive it (actually two duplicate letters) until yesterday (23rd). If I mention this when writing to them are they likely not to pursue?

bazster

GB79 wrote: »

Thanks both - The alleged parking breach was 5th July. The letter is dated 18th, but I did not receive it (actually two duplicate letters) until yesterday (23rd). If I mention this when writing to them are they likely not to pursue?

So there ya go, there's another reason why there is no keeper liability.

Doesn't make much difference though, pointing out the absence of keeper liability to APCOA is simply telling them something they already know.

Ignore, or appeal using one of the many APCOA appeal letters littering this forum. There is no magic bullet to make them go away, however much you might want one.

Frankly you could've already copied-and-pasted an appeal in the time you've spent on this thread.

Redx

GB79 wrote: »

Thanks both - The alleged parking breach was 5th July. The letter is dated 18th, but I did not receive it (actually two duplicate letters) until yesterday (23rd). If I mention this when writing to them are they likely not to pursue?

you are very naive if you think they will send you letters and then not pursue !

they want your money, not your thoughts

frankly, you need to stop asking questions and just follow the flowchart and appeal , using the copy and paste template, add a note about lack of keeper liability due to pofa 2012 having not been met, then if they dont cancel , use their popla code and appeal to popla

as bazster says, you are just wasting your time and ours asking questions, its all covered in the newbies sticky thread and any other recent similar apcoa and birmingham airport threads, I even linked you to one to try to stop this groundhog day scenario

you need to stop typing and just do it !!

simples

GB79

bazster wrote: »

Ignore, or appeal using one of the many APCOA appeal letters littering this forum. There is no magic bullet to make them go away, however much you might want one.

The Newbies section you directed me to says:-

'IGNORE' IS NOT THE RIGHT ADVICE IN ENGLAND/WALES AND HASN'T BEEN SINCE EARLY 2013!

Redx

he means you could ignore it due to the fact its not relevant land and so they can only issue the invoice to the driver and not the RK, but as they dont know who the driver is then thats almost impossible. so ignore was what was done before pofa 2012 and can be done on any non-relevant land like airports

but the simple answer is appeal and go to popla and get it quashed there , partly on the grounds the RK isnt liable and so on your bike !

it also costs them money at popla , just to be told they have no legal grounds on these cases

GB79

Redx wrote: »

frankly, you need to stop asking questions and just follow the flowchart and appeal , using the copy and paste template, add a note about lack of keeper liability due to pofa 2012 having not been met, then if they dont cancel , use their popla code and appeal to popla

as bazster says, you are just wasting your time and ours asking questions, its all covered in the newbies sticky thread and any other recent similar apcoa and birmingham airport threads, I even linked you to one to try to stop this groundhog day scenario

you need to stop typing and just do it !!

simples

It is all very easy to criticise others, but I have no experience with parking notices and needed to ensure that I am following the correct advice. I first posted at 12:01 and have now submitted my appeal, so I am quite pleased with the turnaround. If I had not been directed to the relevant pages then I would probably still be navigating my way through pages and of legal text.

Sorry to have wasted your precious time, but I did not insist that anyone reply to my post. You could have simply ignored it.

bazster

GB79 wrote: »

The Newbies section you directed me to says:-

'IGNORE' IS NOT THE RIGHT ADVICE IN ENGLAND/WALES AND HASN'T BEEN SINCE EARLY 2013!

I didn't direct you to the Newbies section.

What you will find in the Newbies section is someone's opinion. I've given you my opinion, which sometimes differs from other people's opinions. Where there is a difference you need to apply your own brain to determine which opinion makes most sense to you, and if you don't like my opinion I'll happily refund the money you paid for it.

You could always pay a solicitor (if you can find one who is remotely interested). What you get will still be an opinion though, and it'll probably be wrong.

n.b. Airports are a "special case" because of the non-existent keeper liability, which makes ignoring much easier/safer.

bazster

GB79 wrote: »

Sorry to have wasted your precious time, but I did not insist that anyone reply to my post. You could have simply ignored it.

I imagine he will do from now on, as will I. Luckily for you by the time APCOA rejects your appeal Coupon-Mad will probably be home from her holiday and will help you with your PoPLA appeal, because you're going the right way about getting no further help from me or Redx