PCN for BHX Airport

superflygal

Dear Sir/Madam

Re: PCN No. / VRM:
I challenge this 'PCN' as keeper of the car, on the following grounds:

1). The sum on the invoice does not represent a genuine pre-estimate of loss; It is a disguised penalty and not commercially justified.

2). As keeper I believe signs were not seen, that the wording of signage is ambiguous and one would need to stop the vehicle in order to read them and digest the information. I therefore, as keeper deny any such 'contract' was ever formed.

3). There is no evidence that you have any proprietary interest in the land.

4). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.

5). This is not a 'parking ticket' - it is an unsolicited invoice.

6). Due to airport byelaws the registered keeper of the vehicle cannot be held liable.

7) As clearly depicted in the photographic evidence you provided, the driver was stopped at a zebra crossing to allow pedestrians to cross safely. The alternative would have been to mow down people traversing the airport roads. The photograph showing someone opening the passenger door at the same time is irrelevant, for the reason, that the vehicle was obligated to stop for the crossing.

I would request this invoice is cancelled with immediate effect. I will not be making any offer of payment to your company, nor will I be providing Driver details as I am under no legal obligation to do either, as per Protection of Freedoms Act 2012.

I draw your attention to the EU Consumer Rights Directive, that express consent must be obtained for consumer contracts. An implied consent is illegal, furthermore that information must provided in a durable medium in advance.

I look forward to your considered reply and or POPLA code within 35 days.

Yours faithfully



I have snipped a portion of it from another appeal letter, but added my own bit about the zebra crossing.

Please advise? They sent another letter to the Keeper today, threatening and ominous.

Many thanks

SFG x

Coupon-mad

That's not the current one from the NEWBIES thread? It'll do but it's a while since it read like that! Easier to have just gone to the NEWBIES thread perhaps but why not give that older version a go again, it'll be interesting to see if they cancel when they see it.

Make sure of course the appeal has the keeper's name & address plus PCN number (almost goes without saying but astonishingly, people ask).

superflygal

Hi Coupon Mad,

I've clicked all the linkys on the newbies but its a rabbit warren now. I couldn't find any newer stuff, kept getting same letters, not the one I need. Could you possibly link me to it? You helped me before to get one of these things cancelled so i'm very grateful both then and now (especially since i'm the keeper and have to keep dealing with this sh88 :-().

Many thanks again CM!

superflygal

Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that the signs were not seen/are ambiguous and the terms unclear to drivers before they park. Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as I believe the driver may well be eligible for cancellation.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,



My bad!! Is this it ^ ??

Coupon-mad

Yes, it's short but sweet now but I'm mildly interested to see what APCOA come back with when they see the longer, old version again so use that! APCOA used to throw in the towel when they saw it, so call it an experiment, use the longer older one.

superflygal

Lol, OK CM, ill be a Guinea Pig :-D!

SFG x

superflygal

Just one more thing....

THe PCN is dated 15/01/16, should I post this letter now? I read about waiting 3 weeks somewhere I think?

Thanks,

SFG x

Coupon-mad

Of course. You are already past 3 weeks and pushing it if you have to post it (which I think you have to with APCOA?).

DO NOT send recorded delivery, especially not on a Friday. Obviously. Just get a free cert of posting from the PO counter, without fail, and keep it.

superflygal

Thanks CM! Will do.

SFG x

Redx

when you get your popla code, dont ask where to find popla examples, just adapt this recent one to change it from Luton to Birmingham and make the points relevant to your location

https://forums.moneysavingexpert.com/discussion/5403738

post #9

ie:- most of it is already written for you, plus any other similar airport and especially any that Apcoa operate on (like Luton and Birmingham) , plus it could be adapted for use at Doncaster and Liverpool too (which is VCS and so is IAS not popla) , plus parts of it can also be used for railway land like stations and metrolink etc

the latter comments are for others who search and find this thread and then link to the other thread