PCN APCOA- BHX Airport

k3ssl3r

PCN rceived two days ago from APCOA regarding vehicle allegedly "Failing to park in a designated parking area" Birmingham Airport.

The details of the PCN show 4 photographs, two of which are identical and show a stationary car in a feeder lane, having just exited a car park barrier, with a row of traffic to the right. Another photo is a close up of the Reg for ANPR purposes and the last of some signage somewhere or other, not seemingly related to the position of the car on the PCN photographs. The car was not parked, no one got in or out, and the engine was running. The photgraphs are time stamped for a total period of 11 seconds.

One of the occupants of the car (SWIM) is a BB holder with severe multiple health issues, meaning that walking any distance is a severe problem. The visit to BHX was to pick up. The driver (unknown) drove around trying to find designated disabled parking for several minutes, this involved driving into a car park (no disabled bays evident) and then driving back out within minutes paying a fee of £5.10 for the pleasure. After several failed attempts to locate dedicated disabled parking that was near enough to be usable, they eventually gave up and went to the 'Meet and Greet ' cabin where a ticket was stamped on production af a BB, directions given and everything proceeded as normal.

Having done some spade work here, pepipoo, parkingcowboys and prankster, it's become rather obvious that this is a modern day D!ck Turpin scam.

Now I can fire off the standard template, but I wonder if people could give me a nudge on anything further that I could and should add at this stage, and hence for the response to inevitable rejection..

Clearly this isn't parking.
No mention of PoFA
Grace period? Disabled motorists guidelines?
Relevant land/byelaws?
BB badge holder? Should some of this information be redacted if submitted?
DVLA/DPA kodoe guidelines breached?
Anything else I've overlooked?

Any pointers gratefully received. I've seen several cases where I could lift text and compile a lenghty defence, but I assume that is for the POPLA part after the knee-jerk auto-rejection letter?

It goes without saying that this is taking the p155 big time. Clearly profiteering.

Should I just send the template to get the POPLA number and meanwhile compile a list of defences from the vast amounts of useful info to be found here and elsewhere?

Let me also take this opportunity to thank members who offer advice to the un-initiated. This is absolutely appreciated.

Regards

K

Dear Sir/Madam,

Re PCN number: xxxxxxxxx

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and 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 are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,


etc etc

twhitehousescat

they are indeed a BPA company , so loose the line "if you are"

look at your chances of a court appearance http://www.bmpa.eu/companydata/APCOA_Parking_UK.html

Umkomaas

Send basic blue text initial appeal from the NEWBIES FAQ sticky, post #1, without any additions. Nothing you add will alter their auto-rejection response. Get yourself a POPLA Code and we'll take it from there with you.

If you want to do a bit of advance research on POPLA appeals, go to the newbies sticky, this time post #3. Also do a forum search (change the default 'threads' to 'posts') on 'APCOA POPLA'

Coupon-mad

Now I can fire off the standard template, but I wonder if people could give me a nudge on anything further that I could and should add at this stage, and hence for the response to inevitable rejection.

You don't need to, APCOA will crawl back under their stone within days of the first appeal, or within days of POPLA stage if they really want to waste their time. Rejection is not inevitable because APCOA only sometimes bother to step to POPLA against us. Then they give up!

Very easy scam to beat, APCOA never contest our appeals at POPLA stage and often bail earlier.

People can individually cope with editing this line, obvs. I am no spoon feeder:

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Do complain to your MP. The industry is rotten and MPs need to step in. If numpties didn't pay, and if the DVLA had not opened the gate a decade or so ago, to allow private firms to get data, the industry would not have grown like it has done, now out of control. It needs to stop.

Did you watch the Parliamentary debate on Friday 2nd February, linked here:

https://forums.moneysavingexpert.com/discussion/5787731

Watch it in full & read the transcript also linked there.

k3ssl3r

Thanks for that link. Not seen that in my research.

I did clock the BPA member thing, will amend...

Just for the record, I am not the driver, keeper or anything else, just representing a disabled person with severe health issues.

Regards

K

Umkomaas

Just for the record, I am not the driver, keeper or anything else, just representing a disabled person with sever health issues.

Make sure everything goes in their name - not yours.

k3ssl3r

Coupon-mad wrote: »

Do complain to your MP. The industry is rotten and MPs need to step in. If numpties didn't pay, and if the DVLA had not opened the gate a decade or so ago, to allow private firms to get data, the industry would not have grown like it has done, now out of control. It needs to stop.

Absolutely!

Coupon-mad wrote: »

Did you watch the Parliamentary debate on Friday 2nd February, linked here:

<link snipped due to posting restrictions>

Watch it in full & read the transcript also linked there.

I'll have a look at that debate. Though my tolerance for certain types of politics is very limited.

The keeper is obviously very distressed with all this. Profit over people has to stop.

Thanks

K

k3ssl3r

Umkomaas wrote: »

Make sure everything goes in their name - not yours.

Yup.
Chameleon cloak enabled.

K

Coupon-mad

I'll have a look at that debate. Though my tolerance for certain types of politics is very limited.

Mine too, I feel the same lack of political interest usually, but tell you what, it's VERY watchable and reassures you that Parliament does 'get it' and MPs have finally seen through the BPA as well.

Make sure the appeal is in the registered keeper's name. Maybe give YOUR home address for the reply, and YOUR email, ''as if you are them'', so that the rejection letter comes to you.

Better than the vulnerable person opening it an paying, dragging defeat from the jaws of a POPLA victory. Because this is 100% won at POPLA.

The_Deep

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, who take hundreds of these cases to court, who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain i the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

k3ssl3r

Coupon-mad wrote: »

Mine too, I feel the same lack of political interest usually, but tell you what, it's VERY watchable and reassures you that Parliament does 'get it' and MPs have finally seen through the BPA as well.

Well, I’ll admit that wasn’t my usual Saturday night viewing fayre!

However, I am genuinely encouraged by what I saw and heard. It looks like the end may well be nigh for the PPC’s current modus operandi.

I’ll make sure that my ‘Member’ is suitably aware, as part of this process.

K