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Another apcoa birmingham airport ba01 parking charge!
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Posts: 5 Forumite
Hello,
I have just received a PCN notice from apcoa for "failing to park in a designated parking area". I was with a friend who was in another car behind me and we were coming to pick the family up from the airport. I was driving in front and as i was new to the airport I slowed down on the road approaching the caring my car, and tried to re-started but couldn't. My friend got out of his car behind me to come and see what was up by which time my car re-started and we both proceeded to enter the car park and paid £4 each for parking. We have both received a parking "charge" for £100 each.
Just wondering what to do in the first instance in terms of the appeal. Do I try and explain the situation or go straight ahead and post a generic appeal letter like the one below to apcoa:
EXAMPLE:
Dear APCOA,
PCN number xxxxxxx
As the registered keeper, I have received your parking invoice and I declineyour invitation to pay. I wish to invoke your appeals process, since allliability to your company is denied on the following basis:
1) The amount being claimed is not a genuine pre-estimate of loss to yourcompany or the landowner
2) Your signage does not comply with your ATA Code of Practice and was notsufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contractsnor to bring a claim for trespass
4) Birmingham Airport is not "relevant land" for the purposes of POFA2012 Schedule 4 therefore I cannot be held liable as keeper.
5) I am the keeper and your notice to owner is not compliant with POFA 2012.Therefore only the driver can be held responsible for this charge, not theregistered keeper, and as keeper I have no legal obligation to name the driver.
Yours,
xxxx
I have just received a PCN notice from apcoa for "failing to park in a designated parking area". I was with a friend who was in another car behind me and we were coming to pick the family up from the airport. I was driving in front and as i was new to the airport I slowed down on the road approaching the caring my car, and tried to re-started but couldn't. My friend got out of his car behind me to come and see what was up by which time my car re-started and we both proceeded to enter the car park and paid £4 each for parking. We have both received a parking "charge" for £100 each.
Just wondering what to do in the first instance in terms of the appeal. Do I try and explain the situation or go straight ahead and post a generic appeal letter like the one below to apcoa:
EXAMPLE:
Dear APCOA,
PCN number xxxxxxx
As the registered keeper, I have received your parking invoice and I declineyour invitation to pay. I wish to invoke your appeals process, since allliability to your company is denied on the following basis:
1) The amount being claimed is not a genuine pre-estimate of loss to yourcompany or the landowner
2) Your signage does not comply with your ATA Code of Practice and was notsufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contractsnor to bring a claim for trespass
4) Birmingham Airport is not "relevant land" for the purposes of POFA2012 Schedule 4 therefore I cannot be held liable as keeper.
5) I am the keeper and your notice to owner is not compliant with POFA 2012.Therefore only the driver can be held responsible for this charge, not theregistered keeper, and as keeper I have no legal obligation to name the driver.
Yours,
xxxx
0
Comments
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Straight in with the appeal you've detailed above. No amount of 'explaining' will get you anything other than a rejection - same as you're going to get from the appeal you will send in.
Save your breath on 'explaining'. What you're after is your POPLA code where you can quite easily win this - but most certainly at POPLA, NOT by explaining! All detailed in post #3 of the NEWBIES sticky.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0
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