ACPOA Luton Airport 1st appeal rejected

djvorn

I have a couple of simple questions about ACPOA at Luton Airport. I stopped outside a parking area for 1 minute and received a PCN for breaching the conditions on the signs by parking outside of a designated parking area.

1.) They didnt ticket my car, how long do they have to send it to me and can I win a POPLA appeal on that alone

2.) Do ACPOA take people to county court to pursue the civil matter?

3.) What exactly is the situation about me agreeing to the terms and conditions and actually entering into a contract based on signs, how enforceable is this under law even as a civil matter.

There were plenty of signs and my passenger initiated it. I didnt block anybody in or stop traffic

Redx

djvorn wrote: »

I have a couple of simple questions about ACPOA at Luton Airport. I stopped outside a parking area for 1 minute and received a PCN for breaching the conditions on the signs by parking outside of a designated parking area.

1.) They didnt ticket my car, how long do they have to send it to me and can I win a POPLA appeal on that alone , the RK isnt liable on non-relevant land, only the driver is

2.) Do ACPOA take people to county court to pursue the civil matter?

3.) What exactly is the situation about me agreeing to the terms and conditions and actually entering into a contract based on signs, how enforceable is this under law even as a civil matter.

There were plenty of signs and my passenger initiated it. I didnt block anybody in or stop traffic

1) 14 days if alleging POFA 2012 , up to 6 years if not alleging POFA 2012

POFA 2012 doesnt apply on airport land, so lets call it 6 years for posterity and easy understanding , no you cannot win on this at popla unless it was outside the 6 years

2) not heard of it happening - yet ! , but they could try it if thay wanted to, like other companies do

3) only a court can decide that, if they were to actually take you there , plus it would not be binding on any other courts anyway

just follow the lemmings and take it to popla and quash it, same as the hundreds who have done so before , but check your popla code expiry date and get the template popla latter in, suitably adapted, before the expiry date

all the details you need are in the NEWBIES sticky thread at the top of the forum, please read it

Northlakes

If you follow the advice given the chances of you paying anything are NIL.


Presumably the PPC has given you a POPLA code and you haven't disclosed who the driver was?


Well have fun at the PPC's expense as this airport is not relevant land for POFA 2012.


Follow the NEWBIE threads. Search Luton airport successful appeals and that's all there is to it.


Do not get worked up, get smart, you have just been embroiled in a money making scam where you need to extract yourself clinically. The experts will guide you through it but learn from the experience and you may be able to help others in future.

Coupon-mad

All POPLA appeals at Airports are winnable by registered keepers, every time, as long as the driver has not been revealed in the first appeal. These are the easiest ones. In the Newbies thread there is already a recently written APCOA Airport winning appeal so you will simply be copying it, sending it to POPLA, then you will win.

I hope in your first appeal you didn't imply who was driving ... hope that you didn't write it from you as driver talking about 'what happened'? Not stuff like ' I stopped for one minute... I didn't initiate it, my passenger did by getting out'...' I didn't block anybody in ' ! Hope you used the template in the Newbies thread so it kept the driver anonymous?

Did the Notice arrive in the post by day 15?

HO87

^^^^^^ What they said.

In addition I would the following:

Despite what APCOA initially attempted to argue (they then dropped it after their error in law was pointed out to them) the Protections of Freedoms Act 2012 does not apply to the land at Luton Airport as it is covered by byelaws and as a consequence APCOA cannot invoke keeper liability.

APCOA's Notice to Keeper usually arrives around Week 3 (they were always late as far as POFA was concerned).

Technically they have six years within which to issue proceedings but why would you leave it hanging over your head when by appealing to them (initially) and then to POPLA you can kill the matter dead. APCOA are an easy win at POPLA and they are legally bound by the result (whereas you as the appellant are not).

Do not hang yourself up on the details of where there were or were not signs. Expecting people to absorb the detailed contents of them whilst driving in a confusing and often very busy environment is a nonsense. The case law the likes of APCOA and other parking companies rely does not relate to such circumstances and they are stretching their interpretation to the limit in seeking to apply them.

This is not about their seeking to ensure the law is applied but exploiting it to maximise profit and any compliance they achieve is very much a by-product. Can you think of any other situation in which people are accused of some wrong and the party making those allegations is making a fat profit on the back of doing so?

Tyler_Du

Check here - https://forums.moneysavingexpert.com/discussion/5030634