APCOA Birmingham Airport

Redx

the sticky threads are stuck to the top of this forum , there are 4 of them

the POPLA DECISIONS contains the "recent winners" including the ones I mentioned (first thread on this forum)

the NEWBIES thread tells you what to do in post #3 (second thread down)

maybe get somebody more computer literate to do what we are telling you , not sure why the KEEPER isnt doing this as she is the person named on the paperwork and under the byelwas its possible that BHX could take her to the magistrates court (within 6 months) - but this is highly unlikely

Fruitcake

I'm confused.

Please give a simple timeline of events.

Date of alleged event. Was there a NTD? You didn't mention this in your original post but mention it in your draft PoPLA appeal.

Date of reminder
Date of NTK

Inadequate signage needs to explain why it fails to meet the requirements of the BPA CoP.

Where is the Not-Relevant Land/Byelaw appeal point?

bobo0742

Ok...so I am assuming the NTD is a Notice to the driver, but the time line is as follows


[1} 20/10/16 date of incident

{2} 7/11/16 date of Parking Charge Notice sent by APCOA

{3} 23/11/16 date of reminder sent by APCOA

{4} 25/11/16 date of receipt of the reminder sent by APCOA to us (the one dated 23/11/16 as at point 3)

{5} 28/11/16 date of email we sent to APCOA appealing against the reminder...as by this date we had still not received the actual Parking Notice Charge dated the 7/11/2016

{6} 1/12/16 date of receipt of Parking Charge Notice from APCOA (the one dated 7/11/16 as at point 2)

{7} 8/12/16 Letter received from APCOA stating the appeal had been unsuccessful and providing the PoPLA code

If the NTK is a Notice To Keeper, then we have not received that and there is no mention of POFA in any correspondence, the only Regulation mentioned is that APCOA obtained the keepers details from the DVLA under Reg 27 (1)(e) of the Road Vehicles (Registration and Licensing) regulations 2002

Redx

the PCN dated 7/11/2016 is the NTK which is the first postal notice and is normally sent before day 15 after the incident (but can be later or even much later but then fails POFA2012, which doesnt apply here as this isnt relevant land so the RK is not liable)

so it seems to me that you DO have the NTK, even if it was late , be it delivered on 07/11/2016 or even on 01/12/2016 , which is late but is still the NTK

so point 6) is the NTK , to the RK

so why you say there is no NTK I dont know because all the paperwork will be in the RK name and address due to APCOA getting those details from the DVLA

there will be no mention of POFA2012 for 2 reasons

1) airports are covered by byelaws and not relevant land for POFA2012

2) APCOA usually fail to get paperwork out in time to adhere to POFA2012, so do not follow POFA and so no mention of it

bobo0742

I thought that this was a notice to the driver as they are asking for the drivers details...which we have not provided...

So I guess it is just a case of appealing on the facts, in that my wife was not the driver at the time of this incident, and then it is up to them to prove who was if they wish to pursue it? Obviously having sent the appeal through PoPLA

...and are there any time limitations on their part that apply in these circumstances?

Redx

they will ask for drivers details as that gives them everything they need , so must not be done

the point now is to prepare a popla appeal based on legal arguments (not what happened) and one of those arguments is that POFA2012 does not apply so no keeper liability , plus byelaws apply so the pcn is tantamount to fraud , plus incorrect and poor signage , plus no valid landowner contract , etc , which is why you are advised to look at recent BHX popla appeals and adapt them to suit

at best the driver was trespassing and can possibly be taken by BHX to a magistrates court (wont happen , especially if they have no idea who was driving)

stopping on a road under byelaws is not a "parking offence"

so concentrate on finding and adapting a recent popla appeal, like those the 2 members I mentioned submitted this year and won, as apcoa threw in the towel after reading them

plus popla has byelaws cases on hold , mainly due to the fact they are byelaws cases and not civil parking disputes

the RK has 28 days to put in the popla appeal , so has to be soon

6 months is the deadline on byelaws issues like trespassing

6 years is the statute for MCOL cases (small claims court)

Coupon-mad

bobo0742 wrote: »

I thought that this was a notice to the driver as they are asking for the drivers details...which we have not provided...

So I guess it is just a case of appealing on the facts, in that my wife was not the driver at the time of this incident, and then it is up to them to prove who was if they wish to pursue it? Obviously having sent the appeal through PoPLA

...and are there any time limitations on their part that apply in these circumstances?

Not at POPLA stage. It's about seeing them off with a long and detailed appeal, longer than the one you have shown us so far. You will find literally DOZENS that have won this year, just by searching the forum (not this thread!) for 'APCOA Airport POPLA'. It is that easy, copy one from recent months and put it in as an uploaded attachment PDF, under 'other' on the POPLA website, all in the name of the keeper.

Fruitcake

bobo0742 wrote: »

Ok...so I am assuming the NTD is a Notice to the driver, but the time line is as follows


[1} 20/10/16 date of incident

{2} 7/11/16 date of Parking Charge Notice sent by APCOA

{3} 23/11/16 date of reminder sent by APCOA

{4} 25/11/16 date of receipt of the reminder sent by APCOA to us (the one dated 23/11/16 as at point 3)

{5} 28/11/16 date of email we sent to APCOA appealing against the reminder...as by this date we had still not received the actual Parking Notice Charge dated the 7/11/2016

{6} 1/12/16 date of receipt of Parking Charge Notice from APCOA (the one dated 7/11/16 as at point 2)

{7} 8/12/16 Letter received from APCOA stating the appeal had been unsuccessful and providing the PoPLA code

If the NTK is a Notice To Keeper, then we have not received that and there is no mention of POFA in any correspondence, the only Regulation mentioned is that APCOA obtained the keepers details from the DVLA under Reg 27 (1)(e) of the Road Vehicles (Registration and Licensing) regulations 2002

You haven't mentioned a NTD in your timeline, but you say you did get one in your draft appeal in post 9. Which is it? This is why I am confused.

It is important to get the details correct because you need to tell PoPLA in your appeal which part of the POFA has not been complied with.

If there was a NTD, the NTK was sent too late.
If there was no NTD the NTK was sent too soon.

In either case, they had no business contacting the DVLA to get the keeper details. That's a DPA breach.

Redx

I think he copied and pasted an appeal in post #9 where he stated a windscreen ticket was issued , but we dont believe that and believe CAMERAS were used and eventually they sent out an NTK to the RK , after the reminders

yes it was photographed on the day
no NTD was affixed to the vehicle or handed to the driver, so they knew nothing about it until the first postal reminder which was addressed to the keeper

so his appeal contained references to an NTD which wasnt affixed to the vehicle , plus he did not realise the NTK was issued but very late

hence why understanding and proof reading an appeal is paramount , plus its why copy and paste fails unless the circumstances are identical

thats my take on it

Fruitcake

Redx wrote: »

I think he copied and pasted an appeal in post #9 where he stated a windscreen ticket was issued , but we dont believe that and believe CAMERAS were used and eventually they sent out an NTK to the RK , after the reminders

yes it was photographed on the day
no NTD was affixed to the vehicle or handed to the driver, so they knew nothing about it until the first postal reminder which was addressed to the keeper

so his appeal contained references to an NTD which wasnt affixed to the vehicle , plus he did not realise the NTK was issued but very late

hence why understanding and proof reading an appeal is paramount , plus its why copy and paste fails unless the circumstances are identical

thats my take on it

That's my take as well, but the OP needs to confirm one way or the other.