BHX APCOA - Company Car

lm0276

Hi,

I've read many posts on here regarding appeals to APCOA fines at BHX, however the basis for most of these appears to revolve around the distinction between Keeper and Driver.

I drive a company car, for which the fleet management company are the Keeper on the V5. If asked, they will provide my details as the 'main driver' of the vehicle. I appreciate that this in no way confirms that I was the driver at the time of the alleged incident, but will that matter to APCOA and subsequent appeal to the Ombudsman?

Thanks in advance.

lm0276

Coupon-mad wrote: »

Ask them to name you as the 'lessee/hirer and day to day keeper'.

Unfortunately that's not an option.

I'm also concerned that by denying being the driver at the time, my company might then be liable for a fine or similar, which will then result in me getting a kicking

Fruitcake

lm0276 wrote: »

Unfortunately that's not an option.

I'm also concerned that by denying being the driver at the time, my company might then be liable for a fine or similar, which will then result in me getting a kicking

It is not a fine.

What is BHX? Is it an airport?

You don't deny being the driver, you state that you are the keeper on the day in question (or day to day keeper) and you will not be naming the river as is your right in law. That then takes the PCN away from your employer and absolves them of liability. Just state that you will deal with it once they have named you as day to day keeper.
You need to educate your employer that if they name you as driver they are denying you a valuable appeal point, which is not fair.

Are you a member of a trade union? If so, you should get them to apply pressure to your employer about doing what is right and fair.

lm0276

Fruitcake wrote: »

It is not a fine.

What is BHX? Is it an airport?

Sorry, BHX = Birmingham Airport

Fruitcake

lm0276 wrote: »

Sorry, BHX = Birmingham Airport

So byelaws apply and therefore it is not relevant land and therefore the POFA does not apply, so only the owner can be held liable, and only for trespass, and only for six months, and only by the landowner, not the parking company.

Even more reason for your employer not to name you as driver because you can then tell them they will be liable as owner, not you. It is therefore in their interest do let you deal with it as day to day keeper.

You just need to drag it out for six months then it become statute barred.
Your employer really needs to read up on the law.

DoaM

Is your company car through one of the major lease companies? (Like Arval, ALD, Alphabet etc.). Or does your company have its own fleet department and so the company is the keeper on the V5C?

lm0276

DoaM wrote: »

Is your company car through one of the major lease companies? (Like Arval, ALD, Alphabet etc.). Or does your company have its own fleet department and so the company is the keeper on the V5C?

Neither, really. The vehicles are owned by the my employer, but a 3rd party (Total Motion) acts as fleet manager and appears on the V5 as 'Registered Keeper'. I'm listed with them as 'Main Driver', but the car can be driven by anyone over 25.

Coupon-mad

lm0276 wrote: »

Unfortunately that's not an option.

I'm also concerned that by denying being the driver at the time, my company might then be liable for a fine or similar, which will then result in me getting a kicking

Really not an option? That would be Plan A because as others have said, keepers can't be held liable on Airport land and you can then appeal it and win.

OK, another tactic (Plan : you can just ask the company for the NTK (or a copy) and if it's still less than 28 days old, appeal against THAT one they got. Call yourself the lessee/hirer and send the usual sort of template appeal, to get a POPLA code. APCOA will reply to you, they have to.

Then with a copy from recent APCOA winning POPLA appeals (we've never lost one) you still win!