BHX pelican crossing pick up

sdk72

afternoon coupon-mad. I finally received my POPLA code, i have a rambling letter that refers to me parking where i shouldn't have and that there are plenty of signs saying so. Before i ask about what to do with the POPLA code, I'm curious that the letter indeed refers to my parking whereas i was merely stopped on a zebra crossing as people crossed and my partner got on board. they also refer to bye laws if i don't provide driver info as the registered keeper. do i need to refer to any of this on POLA's online appeal form or is there another strategy ? This is what i have seen previously in other posts to base my challenge on:
1) Amount demanded is a penalty not a genuine pre-estimate of loss
2) Non-compliance with requirements and timetable set out in Schedule 4 of POFA 2012
3) Not relevant Land under POFA 2012; no registered keeper liability
4) Creditor not identified
5) Misleading and unclear signage
6) Reasonable cause for requesting keeper details from DVLA
7) No landowner contract nor legal standing to form contracts or charge drivers
8) No Grace Period Given (Clause #13 BPA Code of Practice)

many thanks in advance. steve

Coupon-mad

Simple strategy for POPLA wins: search the forum for the word 'POPLA' plus the name of the parking firm and read only recent 2016 results.

You will find several recent APCOA/Airport/Bylaws ones to crib from, so good that APCOA normally don't contest them further. Show us a draft you make from recent ones you read and don't bother with 2015 ones nor trying to argue about 'no loss'.

Umkomaas

You need to build in a strong 'Not Relevant Land/Byelaws' appeal point. You need to drop GPEOL, instead show why the Beavis ruling cannot apply in this instance.

sdk72

thanks both. will drop the loss element, do some digging and see what i can find out. i am still curious about them referring to me parking whereas i was merely stopped for no more than 6 seconds according to their photos. is there something in this "loose terminology" do you know of ?

Coupon-mad

Yes, stopping is parking (sort of). It is loose terminology even when Councils issue PCNs.

You'll find what you need on plenty of other threads, we have had some humdingers of POPLA appeals v APCOA at Airports.

sdk72

also with regards to bye laws, they state:
If the registered keeper fails to provide us with the driver’s details then the registered keeper therefore maintains liability for the issue of this notice as the Airport is covered by Bye-laws.
Bye-laws are conditions set in a Magistrates Court. It is a criminal offence to provide inaccurate
information, or to withhold information where required.
As mentioned above, APCOA have not claimed to, and do not work issue or seek payment under
POFA as this land is covered by Bye-laws.

Coupon-mad

Yep, we know, seen it all before, they still lose or give up at POPLA!

sdk72

so what is the truth? i have read that "The Airports Act 1986 explicitly states that byelaws do not apply on airport roads to which the road traffic enactments apply. Only the Police have powers to act on breaches of the Road Traffic Act; not private parking companies."

Herzlos

sdk72 wrote: »

also with regards to bye laws, they state:
If the registered keeper fails to provide us with the driver’s details then the registered keeper therefore maintains liability for the issue of this notice as the Airport is covered by Bye-laws.
Bye-laws are conditions set in a Magistrates Court. It is a criminal offence to provide inaccurate
information, or to withhold information where required.
As mentioned above, APCOA have not claimed to, and do not work issue or seek payment under
POFA as this land is covered by Bye-laws.

Ask them for a copy of the bye-laws. None of them make the keeper liable for anything, and don't even cover stopping on a roadway.

Bye-laws are dealt with in a Magistrates court within 6 months of the offense, but any fine would go into government coffers and not the parking company, so there's absolutely no reason for them to take it there.

sdk72

i am going to put forward my POPLA challenge, but its interesting to read that they use bye laws as their reason, but in their letter they say that this internal appeals procedure is closed now, so its not really possible to ask or challenge the bye laws.