APCOA PCN - Birmingham Airport

D-Force

I have read the newbie FAQ for this subject, but I still need help!

Received a PCN as the registered keeper from APCOA - "For the alleged contravention of dropping off or picking up outside designated areas". As the drop off car park at the airport was out of use, 'the driver' was redirected to another car park. However, en route, 'the driver' (now in a state of confusion) noticed a drop off area for the hotel and pulled in there to drop off passengers. Apart from a sign saying "for hotel drop off only", no other signs were visible (ie, displaying T&Cs; penalty fines, etc). The PCN includes images of passengers taking luggage out of the car boot. The fine is for £100 (or £50 if paid within 14 days). The Creditor is specified as APCOA Parking UK Ltd. They also refer to having obtained vehicle keeper data from DVLA under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002).

Could I get some advice on how to appeal please (if you think I can)?

Fruitcake

It is not a fine.

Since you have read the NEWBIES, you should send the BPA template in blue that it tells you to use for BPA members. Copy and paste and send as keeper.

You could add if you wish (very carefully so as not to give away the driver's identity) that since byelaws apply to this airport the land is non relevant as far as the POFA 2012 is concerned and therefore neither the driver or keeper are liable. Since you will win on this point (amongst other) you should tell CRAPCOA to cancel and save themselves the PoPLA fee.

D-Force

Thank you so much Fruitcake, I really appreciate the advice. Fingers crossed it doesn't get dragged out to the PoPLA stage, thereby saving me further headache!

Fruitcake

D-Force wrote: »

Thank you so much Fruitcake, I really appreciate the advice. Fingers crossed it doesn't get dragged out to the PoPLA stage, thereby saving me further headache!

PoPLA is no big deal. There are a number of template appeal points you can use from the NEWBIES, and loads of others you can crib by searching this forum for other airport byelaw or non relevant land threads.

D-Force

Great, thank you. Just one other question ... is timing of the essence in this case, ie, do I need to wait until just before the 28 days to appeal? Or can I just crack on now and get it out of my hair?

Umkomaas

D-Force wrote: »

Great, thank you. Just one other question ... is timing of the essence in this case, ie, do I need to wait until just before the 28 days to appeal? Or can I just crack on now and get it out of my hair?

A late response is recommended for windscreen tickets, not NtKs received through the post. As you've had postal notification this delay doesn't apply in this context.

However, as this is a byelaws issue, the airport (not APCOA) has 6 months in which to launch a case against you in the Mags court. So, in theory, you run up close, but without exceeding, to every deadline set by APCOA/POPLA (in due course) in order to get yourself to a timed out position. We have not seen any airport case proceed to the Mags and I don't expect that yours will be the first.

So in essence, if you want to try to get shot of this soonest, send your appeal in as soon as you like. If you want to ensure you are technically immune from any prosecution by the airport, hang on to things until 3 (or so) days before their respective deadlines.

Fruitcake

If you are not too busy, leave it as late as possible to eat into as much of the six months period as possible, then do the same with the PoPLA appeal.

D-Force

Thank you Umkomaas/Fruitcake. I will take your advice and wait it out! Thanks again for taking the time to reply. Really appreciate it.

Umkomaas

D-Force wrote: »

Thank you Umkomaas/Fruitcake. I will take your advice and wait it out! Thanks again for taking the time to reply. Really appreciate it.

Just make sure you don't miss the respective deadlines by taking it too tight against them, because that will likely cause you more hassle for a long time to come - up to 6 years (not months in this regard), as APCOA, legally, have that time available to them to pursue you through the small claims court (not the Mags).

Unlikely to happen, but we can't predict how this skimdustry might morph over time. Just don't miss the deadlines, then you're virtually home and dry.

D-Force

Thanks Umkomaas. I'll submit an online claim a week before, otherwise I'll be losing sleep if I leave it any later!

Umkomaas

D-Force wrote: »

Thanks Umkomaas. I'll submit an online claim a week before, otherwise I'll be losing sleep if I leave it any later!

Online claim? Online appeal?