APCOA Parking Charge Birmingham Airport

Button_Moon

Paid my £1 and was dropped off, as I was walking into the departure I realised I left my rucksack and passport in the car (Plonker I know!), called the driver and he said to meet me outside the carpark as he had no money left, I was in a panic and thought nothing of it at the time. Just as I got to the side of the road he turned up, stopped and withing 5 seconds I had collected my rucksack and he was off.

I recieved the following letter of which I appealed and it was unsuccessful. They said that the car was parked in a "Red Route", although I cannot see any of the "restricted zone" signs in the photos it is clear the car was parked on a double red line.

Should I argue the case further of pay the £50 fee? I did say in my letter that they can check CCTV to see that I did pay for the dropoff parking and that it was an unfortunate situation which we acted upon without thinking, and that it was not intentional or meant to abuse the paying suystem.

As a new user I cannot add links?! how am i meant to show the letter?

Redx

you would use a hosting site like tinpypic or photobucket and change the url to hxxp in your reply

as for this BHA charge, just do the same as every other poster who gets one and use the BLUE TEXT template from the NEWBIES sticky thread , unaltered

then find a recent BHA apcoa popla appeal and use it to draft your own similar appeal (not mentioning anything about what happened on the day)

byelaws apply at airports, so the pcn is not valid

DO NOT REVEAL WHO WAS DRIVING , so none of the "me , myself and I" stuff

edit post #1 to remove any hint of who did what , just say THE DRIVER if unsure (ASSUME that I was driving and you are telling a story)

if you already have already appealed and have a POPLA code , then use it and find a recent popla appeal for BHA (or LUTON) and adapt it accordingly

Fruitcake

Redx, the OP has already appealed so is at PoPLA stage now.

Button-Moon, did you appeal as keeper or driver? Luckily as far as byelaws are concerned it doesn't matter as only the vehicle owner can be taken to Magistrates Court (not small claims court,) and only by the landowner, and only for trespass, and only within six months of the alleged event.
When you construct your PoPLA appeal, make sure you don't reveal who that is. It is always best not to reveal the driver's identity either as the keeper gets additional protection and additional appeal points that the driver doesn't

Either way, create your appeal and post it here for the experts to check over. You will have appeal points including, but not limited to, inadequate signage, stopping isn't parking (check out the recent Parking Prankster's blogs to find where a judge gave this persuasive statement,) not relevant land as byelaws apply, and non-POFA 2012 compliant NTK but only if you didn't reveal who was driving when you sent your initial appeal.

Read the most recent successful appeals from the POPLA Decisions thread, plus the template appeal points from the NEWBIES thread to find all the relevant appeal points that you will want to use.

Redx

sorry , but at no time has the OP mentioned being at the POPLA stage and as we dont get to see the letter we have no idea what stage it is at , although at the bottom of my reply I did allow for it being at the POPLA stage , hence my edit a few minutes after I posted my reply

if you already have already appealed and have a POPLA code , then use it and find a recent popla appeal for BHA (or LUTON) and adapt it accordingly

so yes we can assume it is at the POPLA stage but until the OP sorts themselves out and tells us they have a popla code and when it was received we have no idea if this was recent or months ago

for all we know the 28 days to appeal to POPLA could have expired , and that is assuming that APCOA actually issued a code and havent tried to swerve around it by asking for drivers details

they said their appeal was unsuccessful , so another questions is , which appeal ? an appeal to apcoa or an appeal to popla ? we dont know because the OP did not specify

I agree we can make reasonable assumptions, but its a dangerous thing to do with newbies who dont know the ropes

pappa_golf

why not a simple one liner to POPLa

"please read POFa2012" and you will see the the land comes under bylaws

Button_Moon

Thanks for the quick response!

I have no revealed who the driver is only that I want to take matters up, not the person who they captured the car reg as I feel it was me who should deal with this not them.

hxxp://i68.photobucket.com/albums/i28/mrmeeky/IMG-20161202-WA0001_zpsptygfk4v.jpg

hxxp://i68.photobucket.com/albums/i28/mrmeeky/IMG-20161202-WA0002_zpsslqlwoli.jpg

Button_Moon

The pdf letter back from my appeal is as follows:

Dear Mr ***

Thank you for your letter of appeal received 02/12/2016 against the Parking Charge Notice issued by us to you on 08/11/2016. Having carefully considered the evidence provided by you, we must advise your appeal has been unsuccessful on this occasion.

Your vehicle was observed parked on a red route; red routes are in operation around the airport site in order to maintain the safety of our passengers, visitors and staff. Drivers are prohibited to stop, unload or park on the red routes or zig zag lines, which are clearly marked around the airport roads via signage and double red road markings. A vehicle monitoring and enforcement operation is in
place, with an enforcement charge of £100. Please note nobody is allowed to enter/exit the vehicle in any circumstance on the airport roads or red route.

As per the images below your vehicle would have had to pass a no stopping at any time sign, there are over 20 signs around the Birmingham International Airport advising drivers that this is a no stopping area.

All restricted areas are signposted and clearly state that no stopping is allowed at any time or entry unless authorized by Birmingham International Airport or any other authorized bodies. Restricted areas are all monitored by CCTV and number plate recognition is in operation. Anyone in contravention of this restriction will be liable for a Parking Charge Notice of up to £100.00.

As your vehicle was parked in contravention of the terms and conditions of the car park we are satisfied that the notice was correctly issued in accordance with the BPA code of practice, and are therefore not able to waiver the charge on this occasion.

Therefore you now have a number of options:

1. Pay the Parking Charge Notice at the discounted price of £50.00 within 14 days. Please note that after this time the Parking Charge Notice will increase to £100.00. You can pay by the following methods;

2. You have now reached the end of our internal appeals procedure, to make an appeal to POPLA – The Independent Appeals Service.

pappa_golf

please edit your posts to remove both the ticket and the popla code

Button_Moon

This is where it happened

hxxps://goo.gl/maps/QwbVwNVWWF12

Fruitcake

Button_Moon wrote: »

This is where it happened

hxxps://goo.gl/maps/QwbVwNVWWF12

https://goo.gl/maps/QwbVwNVWWF12

Fruitcake

Button_Moon wrote: »

Thanks for the quick response!

I have no revealed who the driver is only that I want to take matters up, not the person who they captured the car reg as I feel it was me who should deal with this not them.

hxxp://i68.photobucket.com/albums/i28/mrmeeky/IMG-20161202-WA0001_zpsptygfk4v.jpg

hxxp://i68.photobucket.com/albums/i28/mrmeeky/IMG-20161202-WA0002_zpsslqlwoli.jpg

http://i68.photobucket.com/albums/i28/mrmeeky/IMG-20161202-WA0001_zpsptygfk4v.jpg

http://i68.photobucket.com/albums/i28/mrmeeky/IMG-20161202-WA0002_zpsslqlwoli.jpg

Good. So as already advised make a PoPLA appeal as keeper . Show us your draft before you send it, and send it as late as possible without missing the appeal deadline. Your plan is to drag this out past six months when it becomes statute barred.

Make sure you put Byelaws in the appeal title as PoPLA have put all byelaws appeals on hold, so you want it to go on the pending pile.

You could also complain to the BPA and DVLA that APCOA are pursuing a byelaws case when they (PoPLA) have told their operators not to proceed with them for the time being.