Apcoa parking charge notice - birmingham airport

Sporty169

Yesterday I received a Parking Charge Notice from APCOA Parking for the alleged contravention of Failing to park in a designated parking area at Birmingham Airport on 16/8/2015. The alleged contravention is a breach of the terms and conditions of use of the airport road infrastructure.
They also enclose 3 photos of my car/reg no.
What happened was I dropped my Mum and Brother off on the side of the road , yes the road had red lines on it but I never parked my car, I never even turned the engine off as I stayed there for 1 minute and 25 seconds(I worked this out from the photos they enclosed).
I am now apparently meant to pay £100 or £50 if I pay within 14days. I do remember a van parked ahead of me, at the time I thought that was a silly place to park a van but now realise that it was a mobile camera van as there are no other cameras visible in that area.
I also notice that I failed to receive the letter within 14 days, the "offence" was committed on 16/08 and the letter sent states date of issue of this notice as 3/09 and I received it on the 4/09.
I have no intention of paying but I would like some advice as to how I appeal this. I have read many cases similar to mine on here, but if someone could point me in the right direction of how to word an appeal letter and what exactly are the laws regarding receiving the letter after 14days and what are the chances of a successful appeal?
Any guidance would be appreciated.

enfield_freddy

there have been a couple of cases like this recently , I think after long discussions that the land does not come under "relevant" land , and as such no POFa , so they can only chase the driver not the owner.


are there any comments on the letter relating to "byelaws" ? , or are they trying to use POFa 2012 to bring a conventional parking charge

hoohoo

Edit you post to remove any reference to the driver. I will then advise.

NellyK

I have similar problem. Parking Charge Notice received served to registered keeper for alleged contravention of dropping off/picking up outside designated parking area. No mention of bye laws or POFa. It does say that driver of vehicle is liable Alleged breach 30 July. Notice issued 18 August. Have got myself in a knot trying to decide how to respond - if no mention to POFa should I cite it or does it not apply. Is my case just as registered keeper not liable or no contract or unfair charges. Am aware of parking eye v Beavis judgement but not sure how it affects my situation. Would be grateful for any advice.
should have added beach of conditions of airport road, allegedly stopping on double red lines at Birmingham airport

enfield_freddy

NellyK wrote: »

I have similar problem. Parking Charge Notice received served to registered keeper for alleged contravention of dropping off/picking up outside designated parking area. No mention of bye laws or POFa. It does say that driver of vehicle is liable Alleged breach 30 July. Notice issued 18 August. Have got myself in a knot trying to decide how to respond - if no mention to POFa should I cite it or does it not apply. Is my case just as registered keeper not liable or no contract or unfair charges. Am aware of parking eye v Beavis judgement but not sure how it affects my situation. Would be grateful for any advice.
should have added beach of conditions of airport road, allegedly stopping on double red lines at Birmingham airport

airport roads come under local bylaws


they are either roads that are non applicable for the POFa 2012 , or some stupid buffoon has used the left over paint from a garage floor to deface the public highway.

NellyK

notice just says 'alleged contravention is a breach of the terms and conditions of the use of the airport road infrastructure and that the driver of the vehicle at the time of the breach is required to pay the charge. As they don't know the name of the driver they have written to the registered keeper and asked that the keeper pay the charge or provide the name of the driver. Is the registered keeper obliged to give this info and if not will the keeper be liable for the charge.

enfield_freddy

NellyK wrote: »

notice just says 'alleged contravention is a breach of the terms and conditions of the use of the airport road infrastructure and that the driver of the vehicle at the time of the breach is required to pay the charge. As they don't know the name of the driver they have written to the registered keeper and asked that the keeper pay the charge or provide the name of the driver. Is the registered keeper obliged to give this info and if not will the keeper be liable for the charge.

outside of the laws imposed by POFa 2012 , the owner of the car DOES NOT have to name the driver


and a road that is under the control of airport bylaws does not meet the requirement of POFa 2012

NellyK

Thank you - I think my reply will be as follows. Please feel free to advise if I should add/edit anything


Dear xxx
Parking Charge Notice xxx
Vehicle Reg xxx
I am in receipt of the above notice to keeper dated xxx relating to an alleged contravention on xxx
As the notice to keeper is not complaint with the POFa 2012, as registered keeper I am not liable for this charge. Furthermore the photographic images attached to the parking charge notice are not evidence that the vehicle was parked (3 images taken within 3 seconds of each other showing the vehicle stopped and passengers getting in ). Also, the amount requested in the parking charge notice is unfair and unjustified compared to the actual cost of dropping off/picking up is £1.

Redx

you can add info from the template in the NEWBIES sticky thread if you wish to (or not, its up to you)

the point is that its cancel or popla code, usually the latter

then an appeal is made to popla on the same lines as previous appeals at Birmingham (and Luton) - search the forum for them using the forum SEARCH BOX

do not name the driver, or even infer who the driver was , as POFA doesnt apply, plus its a road so not a parking place, a parking charge notice cannot apply either

same goes for both of you and anyone else reading this

the JLA ones are similar BUT a different parking company

enfield_freddy

Redx wrote: »

you can add info from the template in the NEWBIES sticky thread if you wish to (or not, its up to you)

the point is that its cancel or popla code, usually the latter

then an appeal is made to popla on the same lines as previous appeals at Birmingham (and Luton) - search the forum for them using the forum SEARCH BOX

do not name the driver, or even infer who the driver was , as POFA doesnt apply, plus its a road so not a parking place, a parking charge notice cannot apply either

same goes for both of you and anyone else reading this

the JLA ones are similar BUT a different parking company

a POPLa code is not applicable her , because the road in question does not meet the requirements of POFA2012 , and as such ARE OUTSIDE THE SCOPE of a POPLa appeal.


why push this to an appeal when someone will misread the appeal and act stupidly


POPLa can only adjudicate on land that is applicable to the POFA 2012 ,


and if the PPC disagree , let them try there chances in the CC

Redx

if they are trying to use the pcn as a parking event instead of using local bylaws , then popla is normally applicable

I know its been refused at another airport but both Birmingham and Luton are usually popla appeals after a refusal, unless you or anyone else knows better ?

so unless the goalposts have moved, its a popla (Ombudsman Service) appeal which is why i said it, and will continue to say so until something changes at airports and tram stops etc

there are many such places that are not relevant land, yet we push the member towards an appeal at the IAS or at POPLA

I have never seen APCOA use bylaws at an airport up to now

ps:- this recent one was confusing in a similar manner

https://forums.moneysavingexpert.com/discussion/5306054

ie:- bylaws or not ?

the OP said this

Yesterday I received a Parking Charge Notice

parking charge notice, not a bylaw type of penalty notice for trespass