POPLA Code Received, help with next step please

tsears

Hi all,

I got a parking charge through the post for stopping on a road outside Luton Airport. My car was being used to drop someone off who worked there.

I sent this letter in appeal to the fine:
I am writing as I am the registered keeper of vehicle registration number YA12 VOK and was
sent a fake parking ticket from yourselves.

The short stay/drop off road layout at Luton Airport is confusing and badly-signposted which
I am sure you will already know from previous complaints and appeals. And yet under the
BPA Code of Practice you have a duty as an AOS member to clearly signpost an area you
wish to enforce. Those signs must be visible and readable when a driver is still in the car, but
at Luton Airport you have failed in this regard so seriously that one wonders if it is deliberate.
The driver looked carefully but did not see any clear signage about where to drop a
passenger until the car was stationary for a few seconds, purely in order for the driver and
passenger to look at the nearest sign.

If you wish to enforce a no-stopping zone in one place and provide a drop-off area in
another, then this must be crystal clear with multiple signs in order to avoid any possibility of
confusion and forcing drivers to stop to read the signs. In fact the driver contends it was not
clear at all and the car stopped for seconds just for the purpose of reading a sign. Your
signage failure not only breaches your own industry code but is also unfair and a breach of
the Consumer Protection from Unfair Trading Regulations 2008 and the Unfair Terms in
Consumer Contracts Regulations 1999.

The driver entered into no contract with APCOA and as the registered keeper I am not liable
either. Unfortunately for you, due to your own disregard of the BPA Code of Practice you
have failed to establish 'keeper liability' as defined in the Protection of Freedoms Act 2012
(POFA). In addition, Luton Airport land is covered by statutory byelaws and as such I believe
it is not 'relevant land' as defined in Schedule 4 at all. Back to the drawing board with this site
then, APCOA, because it appears to me that you can't rely on the POFA here. Would you
like POPLA to confirm it?

If you pursue the matter against me as registered keeper when you have no lawful excuse
and cannot rely on 'keeper liability' at all in this instance, you will be guilty of harassment
which is another specific breach of the EA and of the Protection from Harassment Act 1997.
If APCOA refuse to cancel this 'ticket' then I invite you to reply to me at the below address
stating your reasons and giving me a POPLA code. I will be more than happy to show
POPLA the various breaches relating to this ticket and to call into question your lawful status
and your attempt to blindly rely upon the POFA when Schedule 4 does not apply on Airport
land. I will, of course, require a copy of your contract to be shown to POPLA - among other
evidence - and the POPLA decision will be, as ever, at your expense.

I suggest it's cheaper and fairer for APCOA to address these issues and now spend some
quality time cancelling this so-called 'parking' ticket, putting right your signage forthwith
before a well-meaning person reports the glaring omissions to the BPA and DVLA, and
thumbing through your copy of Schedule 4 of the POFA to gen up on what constitutes
'relevant land'.
Yours faithfully,

This is what a received back:

Thank you for your letter of appeal received 30/01/2018 against the Parking Charge Notice
issued by us to you on 27/12/2017. 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 £3.00 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.

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!!!8217;s information under BPA guidelines.
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!!!8217;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 the 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."

I have received a POPLA code, so I was wondering if one of you experts could please give me a hand on the next step.

Thanks in advance!

Coupon-mad

Just search the forum for 'APCOA Luton POPLA' and copy one already written. They always win!

Include an extra point that APCOA are misleading the appellant and pretending that this parking charge notice has a level of statutory authority/magistrates' court possibility that is at best misleading, and at worst, a possibly fraudulent statement that Trading Standards may take an interest in, because it's a lie to threaten a keeper with Mags court re a 'parking charge' (a penalty charge might be different but a 'Parking charge' has no such authority under byelaws and this statement is ABYSMAL):

If the registered keeper fails to provide us with the driver!!!8217;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.

tsears

Many thanks for the reply and info! I will have a search and find a template

nosferatu1001

Do an advanced earch and use the SHOW POSTS option - you dont want the whole thread each time.

tsears

I have just had an email from POPLA saying my appeal was successful! Thanks for all your help!

The_Deep

Well done, now take your revenge.

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, CPM, Smart, and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

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.

Coupon-mad

tsears wrote: »

I have just had an email from POPLA saying my appeal was successful! Thanks for all your help!

Easy when you know how, isn't it?! :T