BHX pelican crossing pick up

sdk72

Hi, all I received a PCN for stopping on the pelican crossing at Birmingham airport and my partner climbing on board - alleged contravention of dropping off / picking up outside a designated parking area. The alleged contravention is a BREACH OF THE TERMS AND CONDITIONS OF USE of the Airport Road infrastructure where signs are clearly displayed throughout the area showing these terms and conditions.
Date of issue 16/05/2016; date received 26th May; date of offence 28/04/2016.
I am sure that there are no legible T&C's that any driver has seen for stopping outside designated areas - my question is , does the "BPA template by Coupon-mad" for challenging the PCN apply to picking up at a pelican crossing as opposed to the hotel drop off point ?

thanks in advance

sdk72

this is my draft to those who have gone before me, the only real change being replacing the "car park" with "Airport Road" and including the alleged breach of terms and conditions .. thoughts ?

01/06/2016


Dear Sirs

Re: PCN No. XXXXXXXXX

VRN: XXXXXX


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 your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms & conditions are clearly not displayable throughout the area as alleged in your notification.

Further, I understand you do not own the Airport Road 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 required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

Schedule 4 of the POFA 2012, paragraph 9 states:
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

This notice was received 18 days after the offence.

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,

XXXXXXX - registered keeper

The_Slithy_Tove

Airport roads almost certainly fall outside the "relevant land" criteria for POFA anyway.

sdk72

what does that mean in regards appealing the PCN ?

sdk72

As much as I've gone through the threads on this forum, most seem to revolve around pick up points or car parks, Is the fact that I'm not involved in a car park, affecting the letter I need to address the pcn?

Coupon-mad

Doesn't matter too much as this is just an exercise to get a POPLA code!

But I would change:

Further, I understand you do not own the Airport Road [STRIKE]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 required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation[/STRIKE] and you have omitted clear information about the process for complaints including a geographical address of the landowner.

and remove this because the POFA doesn't apply at Airports (that's a GOOD thing!):

Schedule 4 of the POFA 2012, paragraph 9 states:
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

This notice was received 18 days after the offence.

Just put instead:

As APCOA are fully aware, Airport roads fall outside the "relevant land" criteria (POFA 2012) as they are either covered by bylaws or, as they are public highway, would need to be within a Traffic Order from the Local Authority. As such, there can be no keeper liability. I will not be assisting you to identify the driver and I will appeal to POPLA as registered keeper, should you reject this appeal. I cannot be held liable under any applicable law or bylaw, so I suggest the PCN is immediately cancelled.

sdk72

Thanks for that Coupon, it seems most threads responses dismiss the POFA, so like you say the goal is to challenge and get a POPLA code . Quick question for you, is it relevant whether it's a pickup point or stopping at a junction when I challenge the pcn. Many thanks again for your help. :beer:

Coupon-mad

Not really relevant. APCOA will say you stopped where you weren't meant to but you (registered keeper) will win at POPLA!

sdk72

Ok bud. If its ok will keep you posted on what happens. Really appreciate your experience. Thank you

Coupon-mad

Buddess? I'm a lady!

sdk72

buddess it is apologies