Apcoa parking charge notice - birmingham airport

Sporty169

I have been interested to read peoples comments which have helped me come to the conclusion to appeal and then see what happens. NellyK it does seem our situation is identical and I feel the advice given here has helped me make my mind up, so to all people who have responded I thank you for that and I am sorry if it has caused any disagreements within members, that was not my intention.

bazster

So much rubbish on this thread that needs correcting.

1. The publicly-accessible roads within the airport are not subject to the airport byelaws. Being publicly-accessible they are subject to the normal road traffic laws (per the Road Traffic Act 1988). It follows from this that, per the Airports Act 1986 and the byelaws themselves, the byelaws are not applicable to these roads.

2. In any case APCOA has never claimed that there has been a byelaws breach, it alleges a breach of "terms and conditions", which is an entirely different thing: contract law.

3. Despite the non-applicability of the byelaws, it is still not relevant land because it is under statutory control i.e. all the same road traffic laws as apply on the public highway.

4. The other reason PoFA 2012 doesn't apply is that PoFA concerns parking. Stopping to allow passengers to board or alight is not parking.

5. The non-applicability of PoFA does not invalidate charges issued under contract law. All it means is that there is no keeper liability. Neither PoFA nor any other law mandates that charges issued must conform to PoFA.

6. Despite APCOA's contention that there has been a breach of T & C's, the entrance signage they use at their airports makes no contractual offer. It doesn't even mention APCOA, and at best it merely imposes a condition on the implied licence under which motorists enter the airport. A breach of the licence would constitute trespass, actionable by the landowner only and for merely nominal damages.

7. There is no connection between PoFA 2012 and PoPLA. None. PoFA 2012 does not mention PoPLA or any other appeals service. It merely stipulates that if there is an appeals service then the motorist/keeper must be told about it.

8. PoPLA is offered because the BPA Code of Practice mandates that its members must offer PoPLA. It's got absolutely nothing to do with PoFA 2012, and whether it's "relevant land" is entirely beside the point. BPA member = PoPLA, it's as simple as that.

9. These APCOA airport fake fines are eminently ignorable because legally they have more holes than a colander, and there is no keeper liability anyway. On the other hand appealing to PoPLA is a guaranteed win (if done properly), cuts off the stream of silly begging letters, and costs APCOA £27.