Same Story with Twist of 2 PCN from Luton Airport APCOA

Umkomaas

This could be hard work!

shahG

A big thank you RedX for your guidance to find the right treasure ....:cool:


I am sorry for being a pain as I am doing this type of stuff first time & I am so confused because I do not want to make any mistake I want to give them a proper one.. I mean template
do I have to change this or not ? "as established in ParkingEye Ltd v Beavis."


also I have red few example from the The-deep post and found this one could you please advise should I stick to sticky one or can try this one as well!!


Below is an example section 10 data subject notice. The coloured text must be adapted to match your particular circumstances. (This example is based on a PCN issued for stopping briefly on an airport approach road that is private land and subject to statutory control.)

Data Protection Act 1998 – Section 10 Data Subject Notice

I am the registered keeper of the vehicle with registration mark XXXXXXX and I have received your PCN number 9999999.

The driver did not "park" (stopping briefly is not parking) and could not have entered into any contract because a contract cannot be forbidding and, in any case, the driver had no chance to read and accept the terms of any contract before the alleged contravention occurred. Furthermore, you cannot use Section 4 of the Protection of Freedoms Act 2012 to transfer liability to the registered keeper because the location of the alleged contravention is subject to statutory control, and I am under no obligation to name the driver.

As a result, there is no legally-enforceable parking charge and no justification for you to pursue me. You have, therefore, obtained my personal information without reasonable cause. This is a clear breach of data protection principles 1 and 2 of the Data Protection Act 1998 (DPA). Your unreasonable and unlawful demand for payment is causing me significant distress and anxiety.

I demand that you immediately cease and desist from processing my personal data, except to inform me that you have complied with this demand. Any further processing of my personal data, including demands for payment or passing my personal data to any third party, will be considered harassment and a flagrant disregard of the DPA, which will be reported to the DVLA and to your ATA, and may result in legal action against you for compensation or damages, including Exemplary or Punitive damages.

The DPA requires you to respond to this notice within 21 days to confirm that you have or will comply with my demands, or to explain why you have not or will not comply.

Yours faithfully,

Umkomaas

Just deal with your initial appeal first. You're a long way from dealing with any DPA breach at the moment.

shahG

Thank you Boss!!

Fruitcake

Stage 1, copy and paste and send the BPA template in blue as already advised. That is all you need to do. That is all you been advised to do.

Then you start looking at all the other stuff for PoPLA if/when CRAPCOA reject your initial appeal.

shahG

Ok thank now I am sending them separately for the both appeal from two different accounts.

shahG

Thank you all of you, Stage 1 completed as per instructions..:) I wish they will accept the appeal at this..


I have received the automated reply...

PLEASE ENSURE THAT YOU READ ALL THE INFORMATION CONTAINED IN THIS EMAIL AS IT GUIDES YOU THROUGH THE NEXT STEP IN THE PROCESS.

Thank you. Your appeal has been received please ensure you have the included the following information in order for us to process:
Full Name, Postal Address (including post code), Parking Charge Notice Number and Vehicle Registration Number
If you did not include this on your previous email, please resend your e-mail including any missing information.
When we have received all the required information your case will be placed on hold. The case will not progress or increase in cost whilst it is on hold.
PLEASE DO NOT MAKE PAYMENT WHILST YOUR CASE IS UNDER REVIEW.
Your appeal will be considered and a response sent you via email/letter within 35 days. Should your appeal be unsuccessful, your letter will explain the next steps for you to follow.
Please note that we do not give priority to appeals received by e-mail as all correspondence is dealt with in the order it is received to ensure fairness to all. Duplicate submission of emails or appeals may result in delay in responding to your appeal.
If your e-mail did not relate to an appeal or query concerning a Parking Charge Notice, then it will be passed to the relevant department who will respond to you in due course.

shahG

Hello everyone,
I have received the decision today...

Thank you for your letter of appeal received 25/01/2017 against the Parking Charge Notice issued by us to you on 06/12/2016. Having carefully considered the evidence provided by you, we must advise your appeal has been unsuccessful on this occasion.
You were issued a notice having received an allegation of contravention at Luton Airport. Having investigated further, we have found that your vehicle was pictured in breach of the above terms set by Luton Airport, dropping off outside of a designated parking area, having failed to enter the designated pickup and drop off zone or short term car park.
All restricted areas are signposted and clearly state that no stopping is allowed at any time to drop off, pick up or for any other reason. 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 £80.00.There is a £2.50 Drop off Zone in place at Luton Airport. This was introduced to ease traffic congestion at the terminal. We do however offer free parking at the Mid Term car park for up to 30 minutes.
Restrictions in place at Luton Airport do not allow passengers to enter or exit the vehicle when on the approach roads or roundabout; even in the event of a forced stop due to traffic. This rule has been enforced to ensure the safety for pedestrians and drivers around Luton Airport, as well as to maintaining the traffic flow.


In response to your comment made in your letter, please note notices only need to be issued within 14 days if the notice issued mentions “under Protection of Freedoms Act”. According to British Parking Association (BPA) guidelines, the maximum permitted time to notify the registered keeper is no more than 28 days after receiving keeper data from DVLA which takes no more than 35 days. Once we receive the registered keeper information we issue a notice to the customer, and no more than six months after the unauthorized parking event. It is our understanding that as we have not referred to this act in our documentation, we are able to work in accordance with the BPA code of practise (June 2013) which states that we have up to 28 days to deliver a postal PCN from the date of contravention.
Please note as the registered keeper of this vehicle, you are liable for this ticket, unless details of the driver are provided.
If the registered keeper fails to provide us with the driver’s details then the registered keeper therefore maintains liability for the issue of this notice as the Airport is covered by Bye-laws. Bye-laws are conditions set in a Magistrates Court. It is a criminal offence to provide inaccurate information, or to withhold information where required.
As mentioned above, APCOA have not claimed to, and do not work, issue or seek payment under POFA as this land is covered by Bye-laws.
Luton Airport is a private property of London Luton Airport all the enforcement are carried out according to British parking association (BPA) guidelines and APCOA being an approved operator of BPA is authorized to manage and enforce the property on behalf of London Luton Airport. Any vehicles in contravention of the T&C of the Luton Airport are sent out to DVLA for registered owner’s information under BPA guidelines.
The driver entered onto private land freely and in full acceptance of the terms of parking clearly displayed. Terms and conditions are offered; and by remaining onsite, these are accepted.
Notices on private land are issued in accordance to British Parking Association (BPA) guidelines and APCOA being an approved operator of BPA is authorised to issue notices on behalf of Luton Airport.
Proof of this landowner authority is provided below:


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 full price of £80.00 within 28 days.

Please advice what should be the next step...
Many thanks!

Redx

its not popla , its APCOA (stage 1)

did they provide any popla code (or codes seeing as there were more than one pcn I believe ?)

assuming there is no popla code, they may be trying to trick you into revealing the drivers details , dont fall for it

you should have known that this would proceed to stage 2 and be preparing your popla appeals for stage 2 (they rarely cancel at stage 1 , if ever - no money in it)

so POPLA CODE or CODES ? YES OR NO ?

shahG

thank you for your kind reply, yes they have mentioned the POPLA code