Grounds for appeal-Luton Airport

aideenj

Hi Guys,
First of all I am sorry if I should be able to find the answer to this question on the forums (there are a lot of comments saying don't post and waste everyones time ect ect!!).
So I have a PCN from Apcoa for pulling over and letting my sister out at Luton Airport (obviously as the keeper I have received this, the picture is not clear enough to make out the driver )
I have read the Newbie post and have looked at Paragraph 8 and 9 of POFA 2012 and I am fairly sure what they have sent me complies with this.
Looking through the forums, most people seem to have a reason for appeal ie. the PCN was issued over 14 days, someone pulled over to use the phone, someones passenger jumped out and you cant be held liable for your passenger.
But the driver of my car didn't have a reason, other than they didn't read the signs and didn't want to spend £2.50 on parking for 10 seconds, which isn't really a good enough reason.
So my question is do I appeal? And if it goes to POPLA will I win just on the basis of unjustified fee? I will admit I am a complete wuss and the thought of it all failing and being left with a massive legal bill is pushing me toward just paying it, but then that makes me really angry...especially as its more than an actual council parking ticket.
Any help would be really appreciated and sorry again if this has been covered in a different thread.

Redx

mmm, you need to read the NEWBIES sticky thread a lot more then

its not POFA 2012 compliant as the airport is not relevant land

popla dont "do" mitigation, so your appeal will be based on the usual suspects of

NTK not POFA 2012 compliant, so no keeper liability
no contract-no locus standii
poor signage
not a gpeol
the Beavis paragraph in blue from the newbies sticky thread

use the template letter to appeal it to apcoa , (not revealing the drivers details at all) then draft a popla appeal based on the dozens of similar ones on here in the last few months

ManxRed

You cannot possibly form a contract via a sign which you are supposed to read the terms of without actually stopping.

Mention this in your appeal somewhere.

Redx

ManxRed wrote: »

You cannot possibly form a contract via a sign which you are supposed to read the terms of without actually stopping.

Mention this in your appeal somewhere.

he means

THE DRIVER cannot possibly form a contract via a sign which they are supposed to read the terms of without actually stopping.

Mention this in your appeal somewhere

ie:- no ME , MYSELF or I allowed

Umkomaas

the thought of it all failing and being left with a massive legal bill is pushing me toward just paying it,

How 'massive' do you think 'massive' could be?

If £200 (tops) is 'massive', then that's 'massive'. This isn't Crown Court stuff, just Small Claims Court where costs are seriously restricted.

But this is going nowhere near any court as (a) you can defeat it at POPLA or (b) even if you totally screw up your POPLA appeal, no airport PPC operating a 'no stopping where stopping is prohibited' money grab is ever going to test their legitimacy to issue these tickets in a court and risk their entire house of cards tumbling around their ears!

Half_way

Dont forget to give the airport plenty of greif, if possible tell the airport that you may be holding them liable for your costs as a result of their agents unreasonable actions

ManxRed

Redx wrote: »

he means

ie:- no ME , MYSELF or I allowed

Well spotted!

bazster

Here are the signs at Luton Airport:



No-one with more than about 5 brain cells could possibly read that as a contractual offer. If it is anything at all it is merely a condition imposed upon the implied licence under which the public enter the airport. Anyone breaching the condition is simply a trespasser, and the trespass would be actionable by the landowner only (not APCOA) and for nominal damages only (not £80!)

The_Deep

I do not know about others, but I find white letters on a red background a lot more difficult to read than black on white.

Ralph-y

please take the time to have a read through the following links.....

they are mostly all about Liverpool 'not very friendly' airport....

but are perfect examples as to why you should threat this as an attempted scam


http://parking-prankster.blogspot.co.uk/2015/04/vehicle-control-systems-signage-at.html





http://parking-prankster.blogspot.co.uk/2015/08/are-independent-parking-company.html



http://forums.moneysavingexpert.com/....php?t=5191690

http://forums.moneysavingexpert.com/....php?t=5132921

http://forums.moneysavingexpert.com/....php?t=5192051

http://forums.moneysavingexpert.com/....php?t=5130131

http://forums.moneysavingexpert.com/....php?t=5177878

http://forums.moneysavingexpert.com/....php?t=5180656

http://forums.moneysavingexpert.com/....php?t=5177198

http://forums.moneysavingexpert.com/....php?t=5177258

http://forums.moneysavingexpert.com/....php?t=5110349

http://forums.moneysavingexpert.com/....php?t=5171250

http://forums.moneysavingexpert.com/....php?t=5156653

http://forums.moneysavingexpert.com/....php?t=5152822

http://forums.moneysavingexpert.com/....php?t=5131416

http://forums.moneysavingexpert.com/....php?t=5149455

http://forums.moneysavingexpert.com/....php?t=5148343

http://forums.moneysavingexpert.com/....php?t=5105940

http://forums.moneysavingexpert.com/....php?t=5139477






Ralph:cool:

ampersand

I'm scared I'll be fined for stopping to read my way through that lot, ralphy :-)

Great reference group.