Luton Airport APCOA charge new DEC 16

elgunner

Hello all,

I have received a PCN from Luton Airport and wish to appeal. I have been trying to read the threads and make sense of which template to copy and amend in this first instance, and maybe its baby brain, but I am struggling to understand which one is best in this instance.

Is it this one:

Dear {name of IPC member - only IPC members for this version!!!}

Re PCN number:

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site and which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera used was synchronised with all other cameras and/or systems & machines.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data relating to me or this vehicle, whether you have already obtained it or not. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.

Yours faithfully,

or this one:

[COLOR="rgb(0, 191, 255)"]Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,[/COLOR]

Any help would be gratefully received. I was all set to go but understand there was a ruling which changed the information I had previously garnered.

Thanks in advance,

Elgunner

Fruitcake

CRAPCOA are BPA members, so you should send the BPA template in blue from the NEWBIES thread.

This case may be covered by byelaws so it will be useful if you can confirm this. If it is, then you should add that to your appeal and point out that as this is not relevant land as stated in the POFA 2012 and they should contact the owner of the vehicle (as opposed to the keeper or driver as they are not liable.)

Not that you will be revealing the driver's identity either.

Byelaw infringements would come under trespass and time out after six months when they become statute barred.

The_Deep

Complain to the DVLA thusly

SAR Enquiries
DVRE
DVLA
Swansea
SA99 1ZZ


[FONT=Times New Roman, serif]Dear Sirs[/FONT]

[FONT=Times New Roman, serif]VRN xxxxx - Breach of the Data protection Act - PCN number Fxxxxxx[/FONT]

[FONT=Times New Roman, serif]I wish to draw to your notice that APCOA appear to have obtained my personal details from you without due cause, thus breaching their KADOE contract and infringing my personal DPA rights [/FONT]

[FONT=Times New Roman, serif]They have sent me a notice to keeper demanding £100 for an alleged infringement of their Terms and Conditions of parking on railway/airport land covered by bye-laws. This is contrary to Schedule 4 of the Protection of Freedoms Act. [/FONT]

[FONT=Times New Roman, serif]Please investigate this matter and if they have used my personal data improperly, or breached their Kadoe contract please apply the applicable sanctions.[/FONT]

[FONT=Times New Roman, serif]Yours faithfully[/FONT][FONT=Times New Roman, serif]t[/FONT]

Fruitcake

Do as The Deep has suggested, but also send the BPA template as it will drag this out and use up part of the six months.

elgunner

Ah thank you both. On it now.

I really appreciate you taking your time to help me.

Fingers crossed.......

Coupon-mad

You don't need crossed fingers - no-one pays APCOA, everyone wins as long as the driver is not divulged.