Birmingham Airport PCN-Failing to park in a designated area (POPLA appeal submitted)

Tyler_Du

My father in law has recently recieved a pcn from APCOA parking for a parking contravention at Birmingham airport when picking up a family member from the airport.

The date of the contravention was 07/07/2014 and the date of the issue of the notice is 28/07/2014, the pcn was received on the 29/07/2014 (or possibly the 30/07/2014).
I understand it's important to note that the pcn was received outside of 14 days since the contravention.

I have read the newbies thread and also this one - https://forums.moneysavingexpert.com/discussion/4872860

I plan on using the template in post one of the newbies thread, I note though that this does not mention anything about the 14 days and out of date request for the drivers details from the RK. Should I just add a paragraph to this effect to the end of that template?

Now, the twist that I mention is that my father in law is a black taxi driver, and was in his taxi (but not working) at the time. I'm hoping this doesn't have any relevance to our course of action against this pcn.

The_Slithy_Tove

The twist is irrelevant as far as PPCs are concerned. Everything is irrelevant as far as PPCs are concerned.


The 14 days is also not relevant. They can't issue a charge under Protection of Freedoms Act (POFA) on airport land, which is where the 14 days comes in. Does the notice mention POFA?


Just appeal using the normal process for airport tickets.

Redx

as above, there is no difference here compared to the scores of similar threads we get on here about it

pofa 2012 doesnt apply so firget the 14 day rule, the other issues dont apply either

its a straightforward invoice that you appeal according to the info in the NEWBIES sticky thread, also searching this forum for recent similar threads and doing what they did (as RK)

do not mention or imply who was driving

so use the words THE DRIVER, not I in any correspondence

Tyler_Du

Can someone please confirm that the template here (from the newbies thread) is the one I should use in relation to my PCN (at an airport)

Also, should I send a single copy via recorded mail or 2 (from different Post Offices) via normal mail ?

newbie_thread wrote:

Dear {put here the company name of this member of ''PPC World''},

PCN number xxxxxxx
I have received your parking 'invoice' impersonating a parking ticket. I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:

A) The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss to your company or the landowner.
You are not the landowner and do not have the standing to offer contracts to drivers nor to bring a claim in your own right.
C) Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract formed. This is a non-negotiated and totally unexpected third party 'charge' foisted upon legitimate motorists who are not your customers and are not parties of equal bargaining power. Therefore ALL terms are required to be so prominent and the risk of a charge so transparent that the information in its entirety must have been seen/accepted by the driver. No reasonable person would have accepted such onerous parking terms and I contend the extortionate charge was not 'drawn to his attention in the most explicit way' (Lord Denning, Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, Court of Appeal): 'The customer is bound by those terms as long as they are sufficiently brought to his notice beforehand, but not otherwise. In {ticket cases of former times} the issue...was regarded as an offer by the company. That theory was, of course, a fiction. No customer in a thousand ever read the conditions. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling.'

As you have failed to create any enforceable contract I suggest that you cancel this unjustified 'ticket'. If not, under your Trade Body's current Code of Practice you must issue a rejection letter which, in order to answer my appeal, must include:

1. The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee?). As keeper, I cannot be expected to guess the basis of your allegation.
(i) if alleging breach of contract, please supply a breakdown of your alleged 'loss' and state the intention of your enforcement (i.e. deterrent or revenue?).
(ii) if alleging trespass, enclose evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.
(iii) if alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal). Should you try to rely upon ParkingEye v Beavis & Wardley at independent appeal stage, I will of course point out that it was a flawed decision at small claim level so is not binding, and Mr Beavis is continuing his defence to the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.

2. Proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention. If you are not the landowner, I will need to see a copy of your contract, showing the restrictions, the charges, the dates and terms of business including any payments between yourself and your client and the definition of your status as agents or contractors and your assigned rights (if any). Such detail is necessary for me to make an informed decision. Failure to divulge your landowner contract (or heavily redacting it) will be deemed as withholding pertinent information and, of course, I will require it to be shown at independent appeal stage anyway. A witness statement will not suffice, nor a site agreement with a managing agent or other party who is not the landowner.

3. Your explanation of the consideration that you believe flowed from the driver, and from yourselves. Consideration from both sides is required for a contract.

4. A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.

5. The means to make an appeal to POPLA or the IAS. This must not be withheld or delayed, which would be a breach of the Code of Practice.

If you fail to simply cancel the charge or supply the means to independent appeal in your first reply you will also be reported to your applicable ATA and the DVLA. A certificate of posting will be obtained for all written communications for this appeal and complaint and I intend to claim my costs when I prevail.

Yours,



{the registered keeper's name}
ADD A SQUIGGLE IF POSTING IT - NO NEED TO USE A REAL SIGNATURE

Redx

the newbies thread template letter in post #1 is the correct one to use

send by snail mail at the Post Office and obtain a free certificate of posting (not recorded) to prove you have sent them a letter (assuming you dont do this online by any means they allow)

keep the PO proof and keep a copy of the appeal with it

Tyler_Du

One last question, should I send the appeal to the address given on the PCN that the payment should be sent to ?

Redx

Tyler_Durden_UK wrote: »

One last question, should I send the appeal to the address given on the PCN that the payment should be sent to ?

you havent shown us the pcn nor given the address it mentions so we would not possibly know the answer to that question

should be one listed for appeals on the pcn or on the NTK so I would use that one, maybe its the same as the one on their website ?

http://www.apcoa.co.uk/contact.html

Tyler_Du

Address for payment is

APCOA Parking
PO Box 222
Lowton Way
Hellaby
Sheffield
598 1NX

Redx

I wouldnt, I would check both sides of all paperwork and look for an appeals address, which is probably the main uxbridge site

Coupon-mad

Tyler_Durden_UK wrote: »

Address for payment is

APCOA Parking
PO Box 222
Lowton Way
Hellaby
Sheffield
598 1NX

Surely there's an appeals address or email? What does it tell you about appealing?

Tyler_Du

So, the appeals been sent. Should I get a reply / response to it, how long should I wait before assuming the charge has been cancelled ?