PCN-Birmingham Airport

Tilton

I am preparing my appeal to APCOA and after re reading their PCN I have noticed that they have not indicated the £ sign in front of 100.00 to be paid within 28days.Is this another string to my bow or is it just incompetence?

Redx

its either incompetence or irrelevant

generally speaking, as its an invoice then small mistakes dont matter and popla wont accept it as a valid appeal point I dont think

just use the template letter from the NEWBIES sticky thread , dont indicate who was driving

ps:- there is no appeal to prepare, just use the template

hoohoo

APCOA do not issue compliant NTKs so your winning point will be that as keeper you are not liable.

Tilton

Thanks,however I have just realised that I will be unable to use the PCN being out of time,which it was by a couple of days,as the car was parked for 3mins in a layby on Airport Way which is a red route,double red lines. etc.
I have trawled through the posts and templates etc and I am unsure how to make my case to APCOA in the first instance.Can you point me in the right direction please..
Many thanks

enfield_freddy

how much grace time did APCOA grant you in order to read and digest the signage?

Tilton

Thanks I get the gist,however most of the posts I have read refer to newbies see the first template letter to respond.Is it relevant to my red route situation(I was not the driver at the time)Plus I cant seem to find the template and want to make sure I respond in the correct manner to APCOA

hoohoo

If you were not the driver then this is a slam dunk win for you.

Dear APCOA,
I am appealing as keeper. I was not the driver. Your NTK was not compliant with POFA and therefore as keeper I am not liable.

Additionally, I have since checked the signage which does not form a contract between yourself and the driver. The driver could only have committed a trespass. I therefore refer you to ParkingEye v Beavis which establishes that the charge for trespass must be limited to losses incurred by the landowner and therefore your charge is too large.



PS It's not a red route. It is private land with red lines painted. The difference may be subtle, but it is enormous.

Redx

Tilton wrote: »

however most of the posts I have read refer to newbies see the first template letter to respond.

Plus I cant seem to find the template and want to make sure I respond in the correct manner to APCOA

that template appeal is in the NEWBIES sticky thread which is "stuck" to the top of this forum, by coupon-mad , she wrote the template in post#1 of that sticky thread

so look near the top of the forum, read the Newbies sticky thread like we have been telling you, and if you want a template appeal use the one she wrote in there ( it couldnt be simpler! )

Tilton

I have checked the Airports Byelaws which worry me slightly,please see below
BIRMINGHAM AIRPORT LTD BYLAWS 2004
PROHIBITED ACTS ON PARTS OF THE AIRPORT TO WHICH THE ROAD TRAFFIC ENACTMMENTS DO NOT APPLY.

5.(12) PARKIING OF VEHICLES
Without reasonable excuse park a vehicle elsewhere than in a place provided for that purpose
Ref BYE-25-00-001 (05)
Date 10th MARCH 2015

Should I be concerned regarding the above as I stopped for 3mins on a Red Route Airport Way.

The_Deep

But was the drive parking or was he/she stretching to relieve a cramp, or looking at a map, or did the rear view mirror come unstuck, or did a warning light come on your vehicle, or did your car engine suddenly cut out?

enfield_freddy

Tilton wrote: »

I have checked the Airports Byelaws which worry me slightly,please see below
BIRMINGHAM AIRPORT LTD BYLAWS 2004
PROHIBITED ACTS ON PARTS OF THE AIRPORT TO WHICH THE ROAD TRAFFIC ENACTMMENTS DO NOT APPLY.

5.(12) PARKIING OF VEHICLES
Without reasonable excuse park a vehicle elsewhere than in a place provided for that purpose
Ref BYE-25-00-001 (05)
Date 10th MARCH 2015

Should I be concerned regarding the above as I stopped for 3mins on a Red Route Airport Way.

great , so they admit that bylaws exist on parking , however this is a trespass charge , NOT a parking offence via a PPC , tell them to do one , if the airport wish to prosecute for trespass , they have 6 mths, to bring charges