Clarification request to fight APCOA PCN (BHX)

Redx

also, POFA does not apply to non-relevant land , of which an airport using bylaws is one so a keeper has no liability anyway and the driver will not be named

splinternet

Many thanks, Redx

splinternet

So I've quickly had the APCOA rejection to both PCN's (did I mention I was expecting two?) and each displays a "POPLA Verification Number". Is this a.k.a. the POPLA code? Here is one of the rejections:

PARKING CHARGE NOTICE NUMBER: XXXXXXXXXX
VEHICLE REGISTRATION: XXXXX
POPLA Verification Number: XXXXXXXXXX
CONTRAVENTION DATE: xx May 2019 xx:xx

Thank you for your appeal received 26 June 2019 against the above Parking Charge Notice. Having carefully considered the evidence provided by you, we must advise your appeal has been unsuccessful on this occasion.

Please note that the above notice has been issued correctly due to the fact that this layby is strictly for “hotel drop off only”. After viewing the CCTV footage it is clear that the passenger did not enter the hotel and proceeded to walk on. Therefore this is a breach of the terms and conditions for Birmingham Airport. The signage is informing all drivers that unless you are dropping off at the Hotel, which is an exception, this bay is a red route no stopping area.

APCOA have not claimed to, and do not work, issue or seek payment under POFA as this land is covered by Bye-laws.

All the enforcement is 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 Birmingham International Airport. Any vehicles in contravention of the T&C of the Birmingham International Airport are sent out to DVLA for registered owner’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.

In response to your comment made in your letter, please note notices only need to be issued within 14 days if the notice issued mentions “under Protection of Freedoms Act”. According to British Parking Association (BPA) guidelines, the maximum permitted time to notify the registered keeper is no more than 28 days after receiving keeper data from DVLA which takes no more than 35 days. Once we receive the registered keeper information we issue a notice to the customer, and no more than six months after the unauthorized parking event.

The Grace Period is not applicable as the person was not in a car park but was on a road way that is regulated under the Airport’s Byelaws which clearly state that Birmingham 5(2); 5(3) &/or 5(4)) vehicles should not be parked on roadways that are on the Airport Land. The driver entered onto private land freely and in full acceptance of the terms of parking clearly displayed. Terms and conditions are offered; and by remaining onsite, these are accepted.

As your vehicle was parked in contravention of the terms and conditions of the site we are satisfied that the notice was correctly issued in accordance with the BPA code of practice, and therefore not able to waiver the charge on this occasion.

Therefore you now have a number of options:

Pay the Parking Charge Notice at the discounted price of £50 within 14 days. Please note that after this time the Parking Charge Notice will increase to £100.

How to pay

Online at https://pcnpayments.apcoa.co.uk
Or send a Cheque or Postal Order made payable to APCOA Parking (UK) Ltd to: APCOA PARKING, PO BOX 222,LOWTON WAY, HELLABY, SHEFFIELD S98 1NX.

You have now reached the end of our internal appeals procedure. You now have the option to make an appeal to POPLA - The Independant Appeals Service. You can do this within 28 days of this letter by completing the online appeal form at https://www.popla.co.uk quoting the verification reference number XXXXXXXXX. Please be advised that if you opt for independent arbitration of your case, the Parking Charge Notice will be considered at the full amount of £100. If you require a hard copy of the POPLA form please contact our customer service centre on 0345 301 1151 where one of our customer service agents will be happy to assist you.

I just want to ask if there's anything in this rejection which would prevent me using Kitty25's superb template response in post #20 of...

https://forums.moneysavingexpert.com/discussion/5528294/apcoa-parking-notice

...and should I wait until the 28th day to submit it?

Many thanks in advance, much appreciated.

Redx

just ignore their response and use and adapt that popla appeal, twice , one for each pcn , nobody here cares about their template response that is full of holes because despite their bluster there is no keeper liability, so its irrelevant what the driver did because they are not pursuing the driver (and dont know who the driver was , hence they are up a creek with no paddle)

yes that is the popla code, one for each pcn so 2 different codes

draft the popla appeal , add the pcn ref and popla code for each one, VRM details , name and address

save each one as a separate pdf, then choose OTHER on the popla website and upload each one separately, not at the same time , so one after the other as 2 different transactions, if you had ten it would be done ten times using ten different popla codes and pcn numbers, even if the content of the appeals are exactly the same

there is no need to wait as long as you dont mess up the appeal and no naming the driver etc. nothing to be gained by waiting as you have already had the NTK,s and rejections

post #15 in this thread I linked is more up to date , so perhaps adapt that one and maybe add anything from the 2016 popla appeal to it if necessary ?

https://forums.moneysavingexpert.com/discussion/5967661/help-with-ticket-from-apcoa-birmingham-airport-drop-off

splinternet

Thanks Redx. I've been through both appeal posts and am producing a modified version. One thing that has just struck me; both the above appeals...

https://forums.moneysavingexpert.com/discussion/5528294/apcoa-parking-notice

and...

https://forums.moneysavingexpert.com/discussion/5967661/help-with-ticket-from-apcoa-birmingham-airport-drop-off

state the name of the airport involved, the inference being that this is included in the PCN, e.g. "....BREACH OF THE TERMS AND CONDITIONS OF USE of the car park at Luton Airport". My PCN does not. It ends at "...the car park" having declared a few lines previously "...alleged contravention of dropping off or picking up outside designated areas at Central Terminal Area". There is no mention of my airport anywhere in the PCN, neither in the text nor the accompanying photos. Anyone reading the PCN would have no idea where the alleged infringement took place, not even if it was in an airport ("Central Terminal Area" could refer to a bus station, or a port, or various other facilities). Is this absence of concise location worth adding into the POPLA appeal?

Also, the PCN states my alleged contravention was in a "car park". I did not use a car park. It was a lay-by on the public road which according to the signage in the photograph is only a hotel drop-off. APCOA's response to my appeal acknowledges that it is a lay-by for hotel drop-off only, but as this differs from the PCN, does this mean the PCN was incorrect and thus invalid?

Redx

You mean the Driver did not use a car park, beware words that trap as an admitted driver isn't protected, so edit your post above

If the location is ambiguous, say so, if no parking event occurred, say so, if grace periods were not observed, say so

Apcoa will chuck the towel in as soon as they see any long appeal no matter what it says so I doubt that anyone will actually read the appeal anyway

No PCN is invalid, but it may not be enforceable

splinternet

Yes the driver, of course.

Redx

So edit your post above accordingly, no point in us helping someone hell bent on self incrimination, lol

splinternet

Like self-harm, it's a difficult subject

KeithP

And you still haven't edited post #16 as Redx suggested. Why is that?