APCOA POPLA Bellingham Leisure Centre

mezzyd

Thanks to all the hints on this forum, I am fairly confident of a winning appeal at POPLA on poor signage & no keeper liability, but I hope someone can give some advice about the contract with landowner area. I have discovered that Bellingham Leisure Centre is not actually privately owned land at all, but owned by the London Borough of Lewisham. Any thoughts on how to approach this?

Umkomaas

If it's council owned, it's 'not relevant land' in the context of the Protection of Freedoms Act 2012, and as such there can be no keeper liability.

You say you've already got keeper liability boxed off (presumably a non-compliant NtK from APCOA?), well add the fact that the car park land is council owned to doubly kill the PCN. Do you have written proof of council ownership? If so you do need to copy that in with your POPLA appeal.

Are APCOA actually stating in the NtK that the keeper has liability?

mezzyd

The original notice to keeper just asked to pay the amount or advise the name of the driver, no warning about passing of liability or mention of Protection of Freedoms Act, that's why I assumed the charge wouldn't hold up with POPLA

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority.

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.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Umkomaas

mezzyd wrote: »

The original notice to keeper just asked to pay the amount or advise the name of the driver, no warning about passing of liability or mention of Protection of Freedoms Act, that's why I assumed the charge wouldn't hold up with POPLA

Yep, that's fine, well spotted - a non-compliant NtK. Slam dunk at POPLA as long as there is no identification of the driver.

I doubt APCOA will even contest, so build a lengthy POPLA appeal - plenty of template points, to simply copy and paste, in the NEWBIES FAQ sticky, post #2, use as many as possible (tweaked if necessary to cover your circumstances) to make the effort of dealing with it by APCOA unviable.

If you want a regular to give it the once-over before submission, just paste a copy of it here, but you seem to have things under control yourself, if you're confident, wing it off to POPLA - .pdf file, tick 'Other' box as reason for appealing.

Coupon-mad

Use any APCOA POPLA appeal shown on threads here recently, as your base (search the forum) and change the usual point about 'byelaws/no keeper liability' to 'Council owned land/no keeper liability'.

Same sort of argument, as Umkomaas says the point is it's not relevant land, same as the byelaws ones we usually see from APCOA so yours only needs tweaks to make sense.

mezzyd

Won at POPLA as APCOA chose not to contest, so thanks again - this forum is such a useful resource!

Fruitcake

mezzyd wrote: »

Won at POPLA as APCOA chose not to contest, so thanks again - this forum is such a useful resource!

Would you mind posting the PoPLA result in the PoPLA decisions thread please. This will help others in the same position.

Annacheun

I’ve just received a PCN for this car park.
I’m unsure as to why.
I paid for three hours.
On entry to the car park it took me about 15 mins to pay using their phone system. It was v unhelpful and I had to change my registered vehicle. I was given a time to leave by (and texts which unfortunately I have deleted) which I complied with.
I’m assuming as the timings show more than three hours this is the contravention.
I can’t find the newbie thread. So I have no real idea what to do. I’m just investigating who actually owns the land too.
Help!
Many thanks!

The_Deep

Now action post number 4, cost them some money, they are time-wasting chancers.