PCN Notice Birmingham Airport Pick Up

silentvoices

Hi there,

I have received a parking charge notice from APCOA Parking for stopping and picking up a passenger
I have looking at the forums and come up with this as a reply, could someone please kindly check

Dear APCOA Parking Team,

Re: PCN Number

I challenge the above 'PCN' as the registered keeper of the vehicle. I deny any liability and consider the PCN an absolute disgrace and pure intimidation

I believe that your signs fail the test of 'large lettering' and prominence, as established in Parking Eye 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.

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/ GDPR breach. 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

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.

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

1. Please provide dated photos of the signs on site, which you contend formed a contract.

Furthermore, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

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.

I will use POPLA (if offered) not the 'IAS' which has been exposed in Parliament as compromised by a conflict of interests with the IPC. The BPA were also heavily criticised and both appeals systems were condemned - hardly surprising for an industry where so-called AOS members admitted in recent years to letting victims 'futilely go through the motions' of appeal and saying on camera 'we make it up sometimes' (BBC Watchdog). Firms of your ilk were unanimously criticised in 2018 as operating an 'outrageous scam' (Hansard 2.2.18).

I have kept proof of submission of this appeal and will also be making a formal complaint about your predatory and aggressive conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Yours truly

twhitehousescat

they have already got your date from the DVLA

the client landowner, hired them !!!

APCOA Parking are bpa

do bylaws not apply on this site?

Redx

agreed, they already have your data from the DVLA in order to send you ther NTK

just send the blue text appeal from the NEWBIES thread, they will turn this down and issue a popla code

then you copy and adapt any recent BHX popla appeal and submit it as a pdf on the popla site choosing OTHER

after that , APCOA will tell popla that they are not contesting the charge

game over

do not try to reinvent the wheel

Egbert_Nobacon

Go to Advanced search with APCOA Birmingham Airport and change search from threads to posts.
You will find loads of successful POPLA appeals.

silentvoices

thanks everyone second attempt

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn.

Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

Your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

You must also include a close up actual photograph of the sign you contend was at the location on the material date.


Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

The_Deep

Complain to your MP>

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

Fruitcake

As already asked, do byelaws not apply at this location?

silentvoices

Hey Fruitcake,

i wouldnt know mate sorry

cheers

Fruitcake

silentvoices wrote: »

Hey Fruitcake,

i wouldnt know mate sorry

cheers

You should find out. If byelaws apply then it will be a winning appeal point at PoPLA.

Were byelaws mentioned on the PCN?

Please do complain to your MP about this unregulated scam. It is the only way this will ever get stopped.

Coupon-mad

Doesn't really matter though. This is easy.

Use the blue template, no need to post it here, in fact it annoys some posters here, as there really is no time for us to be giving giving the forum template a look on individual threads.

Any newbie can copy the template, get a POPLA code, then copy any other APCOA Airport POPLA appeal by searching, and they would 100% win as long as they don't choose 'driver' on any appeals page.

Do this for second stage appeal (POPLA):

Egbert_Nobacon wrote: »

Go to Advanced search with APCOA Birmingham Airport and change search from threads to 'show result as posts'.

You will find loads of successful POPLA appeals.

The_Deep

silentvoices wrote: »

Hey Fruitcake,

i wouldnt know mate sorry

cheers

You need to get a grip on this OP. These companies can ruin your life, destroy your credit rating, and break up families.

If this is bye law land they are brown bread,