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APCOA Parking Charge Birmingham Airport

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  • GPEO? As per above comments, I'm not the day to day keeper of the vehicle it was the person who drove me that day.
  • Fruitcake
    Fruitcake Posts: 59,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    GPEO? As per above comments, I'm not the day to day keeper of the vehicle it was the person who drove me that day.

    Not a Genuine Pre-Estimate Of Loss. It is not normally used since Beavis lost the Supreme Court case as it doesn't win at PoPLA any more, so the advice is normally not to include it in case the assessor just looks at that and says, ah but Beavis lost so your appeal is rejected.

    Whose name is going on the bottom of the appeal? It is OK if you are writing this for someone else to use, but the appeal has to come from either you as (day to day) keeper, someone else ;) as (day to day) keeper, or the registered keeper.

    You should include the quote from Prankster's blog where a judge defined stopping versus parking.
    I'll have a quick look but my internet is playing up, so don't rely on me.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • It's from me as I felt that I should pay the fee when this happened, not my friend that dropped me off that day. So as I'm not the day to day keeper or registered keeper does that mean I have to include one of their names and remove me from the picture? I feel like i'm over complicating things now.

    PM me if need be :)
  • TW1234
    TW1234 Posts: 221 Forumite
    Ninth Anniversary 100 Posts
    Hold on. Whilst it is good of you to assume responsibility for the matter,-
    You were only a byestander or pedestrian at the time of the incident, The Parking company will be chasing the registered keeper, using POFA keeper liability in the absence of any knowledge of the identity of the driver, or will ultimately switch to claiming against them, but as the driver, under a (claimed) reasonable assumption that the keeper and the driver are the same person.
    Therefore your input is not relevant.
    At best you will need to submit some authority to act on behalf of the keeper.
  • So I need to put their details on the letter? They would rather pay the fine than compile a letter and follow the process on here, the alternative is that I use their details and submit them but I feel it is going behind their back. Hence why I don't know if I put my details as keeper or if this just complicates matters.
  • TW1234
    TW1234 Posts: 221 Forumite
    Ninth Anniversary 100 Posts
    edited 13 December 2016 at 11:52PM
    That's the reason the PC make their money. However only the person who is being pursued can decide whether to be a victim or to fight back.
    Would they give you authorisation to act on their behalf that you could present?
    Whatever, do not state the identity of the driver.
    Then you could do the legwork.

    But can you clarify who received the initial contact from the PC? I take it that it was the registered keeper and that you responded in your own name
    Do not claim to be a keeper,if you are not as it would not look good if this did ever get to a court
  • Fruitcake
    Fruitcake Posts: 59,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So I need to put their details on the letter? They would rather pay the fine than compile a letter and follow the process on here, the alternative is that I use their details and submit them but I feel it is going behind their back. Hence why I don't know if I put my details as keeper or if this just complicates matters.

    It is not a fine.

    They are idiots who will be funding scammers if they pay.

    Show them the appeal and tell them to you will send it on their behalf. It just needs their name on it. No signatures, no deceit, no lies involved. You have done all the work and there is no risk in sending it. They still have the option to be ridiculed and laughed at if they pay in the unlikely event that it doesn't work.

    Paying would be incredibly stupid as they are not liable because Byelaws apply and it will all be over in six months.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • So I put my name and acting on behalf of said driver or keeper? Just want to get my wording correct. Thanks for all the help and sorry I have complicated things.
  • Umkomaas
    Umkomaas Posts: 43,427 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So I put my name and acting on behalf of said driver or keeper? Just want to get my wording correct. Thanks for all the help and sorry I have complicated things.

    No you do not put your name anywhere near it; you have no part to play in this other than doing the research (as you are doing by posting here) and drafting out the appeal.

    The name on the appeal will be that of the vehicle's keeper - he/she is the only person with locus in this. This is very straightforward, complication is not part of an APCOA parking charge, unless you don't follow advice.

    Once a POPLA appeal (okayed by the forum) is submitted, APCOA will withdraw and POPLA will tell them to cancel the charge. Very uncomplicated!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • I will draft up the letter tonight with only the keepers details on it (not mine), do I need the keeper to send it or will I be ok to submit the letter, ie if there is an email required as part of the process will it be ok to use mine or shall I ask the keeper for his?

    Is it ok to use Google images to demonstrate that the signage is not seen on entry to where the car was parked and that the only instance it could be seen was in the opposite direction of travel - ie after the car had momentary parked.
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