BHX Apcoa PCN

Mizmo

Hi,

Please forgive any mistakes I make during this explanation as this is my first time at such a thing.

I have received a PCN through the post from Apcoa. It was for parking on double reds whilst passenger got out of the car. (Traffic was tailing back so I used a side road and turned back)

Iv been reading most of the posts and believe I can get away with this , as it is a private company, or am I wrong?

I have this template to hand, if I need to amend please do advise and all help is greatly appreciated. Also to add I don't understand the acronyms related to this subject.

"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.

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, 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. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.!

I do not give you consent to process data relating to me or this vehicle. 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. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,"

Is that the correct template to use and should I add anything to this?

pappa_golf

bit late telling them that you will sue them if they get your data from the DVLA , they already have!!

and they do not give a monkeys about distress ,

Mizmo

What will be the correct template to use?

Guys_Dad

If you were in a traffic jam with the queue stopped, then you did not stop per se but we're prevented from moving.

Mizmo

Maybe I was not clear enough in explaining the situation so I will try again.

I did not stop in the traffic but pull into a side road ,which is before the drop off point (which is red routed) once dropped off I left and headed out of the airport.

Do I have grounds to appeal or do I pay the PCN?

Disco1972

Yes this is the correct template you need to use to appeal to APCOA. Just add your details and send the template as it is. Make sure that you do not state who the driver was.


I was advised to edit the tread you posted so that if anyone checks the forum they cannot tie this to you. i.e. stating who the driver is.


Apparently APCOA will reject the appeal with a load of counter claims and threats but this is all part of their money making scam. They're in it for the money and it makes no difference to them what grounds you are appealing against.


The next stage is the important one. You'll get a POPLA code when APCOA reject your appeal. If you look further down the NEWBIES tread it provides information and links for the appeal to POPLA (Parking on Private Land Appeals) you can also search for "POPLA Appeal" to copy and tailor your appeal. There's quite a few on here and doesn't take very long. If you post it on here before submitting the experts will make sure its ok.


At the point POPLA open the appeal with APCOA is apparently when APCOA will fold. They wont risk losing in court as it would put an end to the whole PCN rip off.


This is just what I've read from information on here. Please correct me if I'm wrong anyone.

Fruitcake

Of course you don't pay a scammer.

Just use the BPA template in blue from the NEWBIES thread without any alterations. Copy and paste and send from the keeper.

You should first edit your posts to remove information about who did what. Only ever refer to The Keeper and The Driver, who are two different people as far as anyone is concerned.

If/when the appeal is rejected you construct a PoPLA appeal using the template points from post 3 of the NEWBIES. Post your draft here for checking before you send it, but you are not at that stage yet so you will have plenty of time to research it. Byelaws probably apply so you would probably win on that point alone if they do.

Acronyms are explained in the NEWBIES as well by the way.

Umkomaas

Just send that template as it is. They don't pay any real attention to it. Its main purpose is to indicate you are receiving forum assistance and to elicit a POPLA code when they reject your initial appeal.

Once you've got your POPLA code, you're then in business and can get the charge cancelled.

Send your initial appeal in via the method advised on the APCOA NtK. Don't forget to put your name, address and NtK reference number in your appeal. Don't miss their deadline.

Mizmo

Which template is the original, as I am sure this is the same as the on in the newbie forum??

What grounds is the appeal on , the driver has parked on double reds does that not mean they are in breach of highway code so therefore should face a penalty?

Umkomaas

Use the template in blue text. The same as the one you've copied above. Have you altered it in any way?

the driver has parked on double reds does that not mean they are in breach of highway code so therefore should face a penalty?

If these were real double reds it would be the council issuing you with a real penalty charge.

APCOA has no right to issue charges on a road covered by Road Traffic Acts. So you can be sure this was a private road where double reds have no legal meaning.

Just get your POPLA code then we will advise further. You are going to confuse yourself by trying to run before you can walk.

Fruitcake

Mizmo wrote: »

Which template is the original, as I am sure this is the same as the on in the newbie forum??

What grounds is the appeal on , the driver has parked on double reds does that not mean they are in breach of highway code so therefore should face a penalty?

My mistake. I thought you had amended the template but having checked I see I was wrong. My apologies.

The initial appeal template is designed only to get you a PoPLA code and show the scammers you are getting forum help. You save all your real appeal points, based on legal arguments, for PoPLA.

Forget the red lines. They are a red herring. Byelaws, if they apply, and the other template points from post 3 of the NWBIES will sort this out.