Luton Airport PCN - APCOA

Redx

well done m8, nice one , and par for the course

please add a link to this thread (a url) and add the name APCOA and also the airport , plus the above assessment, to the POPLA DECISIONS thread at the top of this forum, so others can learn from your success

sjp222

Could someone please help. I received a Parking Charge Notice from Luton Airport and appealed to APCOA. However I now realised that I tried an emotional tack and admitted that I was the driver as well which I now realise i shouldnt have done (see below). I would still like to appeal to POPLA and would appreciate any guidance on what this should be based on, e.g. charge not based on loss.
can anyone help please?

[FONT=&quot]I have just received a parking charge notice and wish to appeal. The reason is as follows.

I had driven our motorhome down from Scotland then picked my wife up at Luton airport. I don't know the airport but waited a mile or so outside the airport until she called to say she was in the short term pick up area. I went in and in doing so scratched the side of the vehicle on the very tight entrance and waited for around 5 minutes, but no wife. I decided to pay and leave the car park and then go around the large circle road to the roundabout and re enter the short term park again. As I approached the roundabout my wife came running over. There was no one behind me and before I even thought about my wife opened the van door and jumped in and we left. It was a impromptu moment to see my wife at the roundabout and I had absolutely no plan to stop there and pick her up. It just happened on the spur of the moment.

Given these circumstances I wish to appeal against this charge and hope that you are able to agree with this..


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Redx

please start your own thread using the RED blue thread button, top and bottom left of the main forum (the forum that this thread is in)

shame you gave away the drivers details, as you have thrown away one or two major appeal points that would have made it a slam dunk win (or APCOA would have cancelled)

as you are from scotland, there may be other issues that need looking into, but as it happened in england it may not be an issue (keeper liability) - naming the driver throws all this away

wowman

@Red - sure thing. On a side note - do you know where I should start in relation to filing a complaint towards the DVLA / BPA when they attempted to incite 'magistrates courts' and 'criminal' nonesense in their POPLA appeal? I can't find any templates or even how I should word it. I'd love to give this low-life company as hard as a kick as possible.

@sjp22 - Well, considering you already paid the pickup/dropoff charge, perhaps writing to Luton airport may be an option? They would be able to cancel the ticket. Alternatively, you can also strengthen your appeal with the roadworks that are still there. Feel free to use my posts on how I argued that it was a mess of signs. Good luck with it!

Umkomaas

Please see my comments to your post in the POPLA Decisions sticky.

There's no templates, but if you put something together we'll certainly chip in with points that may help sharpen up the final version.

Unicorn51

Airport Act 1986

Provision 65 Control of road traffic at designated airports.

(1)Subject to the provisions of this section, the road traffic enactments shall apply in relation to roads which are within a designated airport but to which the public does not have access as they apply in relation to roads to which the public has access.

(2)The Secretary of State may by order direct that in their application to roads within such an airport the road traffic enactments shall have effect subject to such modifications as appear to him necessary or expedient for the purpose of, or in consequence of, conferring—

(a)on the airport operator functions exercisable under those enactments by a highway authority or local authority; or

(b)on the chief officer of any airport constabulary functions so exercisable by a chief officer of police.

(3)An order under subsection (2) may exempt from the application of the road traffic enactments particular roads or lengths of road to which the public does not have access and may require the airport operator to indicate the roads or lengths of roads so exempted in such manner as may be specified in the order.

They clearly state that road traffic enactments apply to any road to which the public have access.

If this is the case then no airport can use byelaws to control roads to which the public have access.

MR_MP

Hi all,
I'm new to the forum.
I have exactly the same case as @wowman. A PCN from APCOA for alleged breach of picking up/dropping off a passenger outside a designated area at Luton airport. I've gone through the internal appeal to APCOA but I was rejected (same bulls### reply glossing over my arguments) so I am now putting together the POPLA appeal.

I have wowman's appeal letter and the assessor's decision to start from (thanks for that), but I am wondering if I should explicitly mention his case in my appeal, pointing out that it is exactly the same as mine and has been resolved in his favour. If so I'd appreciate any suggestions on how to phrase it.

Cheers
MR MP

Umkomaas

MR_MP wrote: »

Hi all,
I'm new to the forum.
I have exactly the same case as @wowman. A PCN from APCOA for alleged breach of picking up/dropping off a passenger outside a designated area at Luton airport. I've gone through the internal appeal to APCOA but I was rejected (same bulls### reply glossing over my arguments) so I am now putting together the POPLA appeal.

I have wowman's appeal letter and the assessor's decision to start from (thanks for that), but I am wondering if I should explicitly mention his case in my appeal, pointing out that it is exactly the same as mine and has been resolved in his favour. If so I'd appreciate any suggestions on how to phrase it.

Cheers
MR MP

If the appeal was upheld and you are appealing on very similar lines, quote POPLA case number, date of decision and Assessor name. Phrase your reference in the context that for consistency, your appeal should be similarly treated.

If you need further advice, please start a new thread of your own, where issues won't be confused with those of the original poster.

The_Deep

Enough is enough!

We know RKs are not liable, they know that RKs are not liable, why write a good imitation of War and Peace telling them so .

Why not just write to them ONCE telling them to take it up with the driver, then ignore. You can save the big guns, {including CPR27.14.2.(g)}, for the judge.

wowman

Unicorn51 wrote: »

They clearly state that road traffic enactments apply to any road to which the public have access.

See... This is where I need help. The above legal document is JARGON to me! I do not, in any way, see the 'clearly' bit. I have such a moral opposition to the way the legalities are formed in this country. They are legible by only a select 3% of the population, but govern us all!

And that is a very big statement, because APCOA seem confident to say that the road is covered by bylaws. Is there not some bylaw that counteracts the law you just mentioned to form the bylaw that they are trying to invoice me with? (lol)