APCOA PCN Luton

jobim321

Hi MSE friends,

I have checked the newbie thread for pcn and POPLA appeals, and I want to go for appeal route. Before I do that, I have a question about Luton airport PCN, as it is not 100% typical case:
I received a number of letters from debt collectors that I ignored as I never received any PCN in the first place. I called Apcoa last week to check what's going on, and they told me there was unpaid PCN, and claimed they sent it to my correct address back in July 2014. I told them I never received anything, so they said they would call off the debt collectors and post the PCN.
I got it last week (December 2014): The date of alleged contravention is 02.07.14; Date of issue of pcn is 20.07.14, even though I only received it last week after the phone call. There is no December date anywhere on the letter.
The charge is £80, or 50% if paid within 2 weeks ...blahblah. I had a look on their online payment site just to check the dates and photos, and it says "Online payment no longer possible for this ticket as the debt has been referred".
My question is, do I call them again and ask for a new pcn letter with correct December date before I submit my appeal?
Even if I wanted to pay it (which I don't), it is not possible anyway.
Thanks, any help is appreciated.

Umkomaas

Our advice is NEVER call a PPC, so the one call you made is already more than enough!

Send the appeal as per the NEWBIES FAQ sticky and see what comes from that. If they (unexpectedly) send you an in-date POPLA verification code, then you're away and we can help you get this charge out of the way.

But I susoect it won't be that straightforward. Let's see!

Coupon-mad

As well as appealing, send an email to the BPA complaining that you have not been given time to appeal and that no NTK was ever served (see the Newbies thread).

hoohoo

As they failed POFA timescales, even with the 1st alleged ntk, send the appeal as the registered keeper and do not say who the driver was.

jobim321

Coupon-mad wrote: »

As well as appealing, send an email to the BPA complaining that you have not been given time to appeal and that no NTK was ever served (see the Newbies thread).

Thanks very much for quick reply. Just to confirm: Can I still appeal given that it allows 28 days from the date of pcn to appeal? Ppc and Popla could argue I missed the appeal deadline, and I don't have a proof I received the pcn 5 months too late?

hoohoo

Yes you can still appeal. The appeal timescale deadline is self-imposed by parking companies, does not form part of any original contract, and is not in line with the new EU directives which suggest a year for any appeals.

Appealing stands you in good stead if they decide to go further.

Dublindel

Post up your appeal on here for approval

The_Slithy_Tove

hoohoo wrote: »

As they failed POFA timescales, even with the 1st alleged ntk, send the appeal as the registered keeper and do not say who the driver was.

POFA timescales ar irrelevant at Luton Airport, as it's not relevant land anyway, so POFA doesn't apply = no keeper liability = a problem for APCOA.

jobim321

Dublindel wrote: »

Post up your appeal on here for approval

Here is the draft appeal, I hope this is OK?

APCOA
Dear Sirs,
Re: Charge Notice No. XXYY
Speculative invoice dated XX July 2014 (received YY December 2014)

I refer to the above notice, which I received on YY/12/2014. As register keeper of the car I appeal against the above notice on the following grounds:


a) The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b) In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
c) Luton Airport land is covered by statutory bylaws and as such I believe it is not 'relevant land' as defined in Schedule 4, POFA 2012. APCOA is claiming the right to 'registered keeper liability' under the POFA when that right is not available on land covered by local bylaws.
d) As keeper I believe that the signs were not seen, the wording is ambiguous and the signage on site is deficient and fails to comply with the British Parking Association's Code of Practice, Annexe B.
e) There was no consideration or acceptance flowing from both parties, and any contract with myself, or the driver, is denied.
f) This is not a 'parking ticket' - it is an unsolicited invoice with no legal merit.


I therefore expect you to uphold this appeal and immediately cancel the ‘parking charge’ and inform me in writing that you have done so. In addition, APCOA are required to remove my personal data (and that of the vehicle) from all formats of storage, immediately following cancellation, since you have no lawful excuse to keep my data.
I do not expect to receive a ‘generic’ template response that fails to address the specific issues that I have raised with you. No further correspondence will be entered into.
If however, you reject this appeal, then in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer this matter (and any further issues that I may subsequently raise) for their adjudication on the matter. I would assume the appeal will be deemed accepted if there is no POPLA code on any rejection that you supply. I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully
xxx

Coupon-mad

Yep that will do nicely!