Can't appeal to POPLA - what to do now?

sharonbetty

This relates to APCOA at Luton Airport.

PCN received by registered keeper (my parents, whom I'm acting on behalf of because they're elderly) - date of issue 17/05/19 - "For the alleged contravention of Dropping off or picking up outside designated areas".

Read some of the advice on MSE, but wasn't concerned about detail at this stage because it sounds like internal appeal is almost certain to fail.

Appeal was put onto APCOA's website on 11/06/19.

Reminder Letter received - dated 15/07/19 - stated "As we have not yet received a payment or an appeal..." and containing the same "How to Appeal" information as the original PCN. (Note that this date is already >28 days after the appeal rejection letter's date of 13/06/19 - see below).

That's strange we thought, so went onto APCOA's website on 18/07/19, started a chat and was told that the appeal had been rejected in a letter dated 13/06/19. Images of that letter were obtained at that time. Transcript of conversation was received.

Appeal rejection letter says that they hadn't used POFA 2012.

Read the newbies (and other) threads properly. Sorted out a POPLA appeal document based on the template & recent POPLA appeals using the template.

[I think it would be useful if somewhere in the NEWBIES thread it mentioned that appealing on POPLA is a one-visit process; you can't do some, save, and then come back later; i.e. you have to totally prepare everything before starting the appeal.]

Went onto POPLA's website to appeal and the verification number didn't work. Phoned POPLA and they explained that this was because it was beyond the 28 days from the appeal rejection letter. Explained the circumstances (letter never received) but they said there's nothing they can do and I should contact APCOA and ask for a new verification number.

Online to APCOA again, started another chat, explained the situation, asked for another verification code. They said "it's beyond 28 days we can't do that". Asked what proof they have that the letter was actually sent since a subsequent letter didn't mention the internal appeal failure. They gave me an image showing a timestamp on some system but obviously that isn't real proof, just an expectation of posting if their system's working ok. Funnily enough I have not received a transcript of that conversation.

Spoke to POPLA again, they said contact BPA but look through their code of practice first.

Entered a complaint on the BPA website asking them to ask APCOA to send a new verification number, mentioned that there was a breach of code in para 20.16 (pursuing keeper when not using POFA 2012).

That's the current situation. Question is what do I do next?

My thought is to email APCOA, inviting them to avoid any further expense (to themselves) by cancelling the PCN or to give me a new verification code for POPLA, and also giving them a brief precis of some of the grounds of defence, namely non-use of POFA 2012, alleged offence occurred on land subject to byelaws, therefore they have no basis to pursue the keeper of the vehicle (only the driver) and they do not know who the driver is, and the keeper has no obligation to name the driver.

Does this sound like a sensible approach?

[Obviously, the registered keepers of the vehicle have given no indication of who was driving the vehicle at the time of the alleged contravention.]

Redx

nothing else can be done , APCOA wont cancel , they may not even generate a new POPLA code either


other than the BPA complaint , sit on your hands for 6 months

BrownTrout

6 months? 6 years, not byelaw offences

Redx

yes 6 months , because bylaws were mentioned and the "dropping off" scenario is usual in bylaws cases like Luton and BHX airports, where I suspect this happened (but could have been a train station)

BrownTrout

Luton airport tickets are all issued under contract..ticket numbers LU

Umkomaas

6 months, 6 years - a bit academic, as APCOA are totally benign and don't sue through the county court.

@ OP - in the extremely unlikely event of a Letter of Claim being received and/or court proceedings being served, come back on this thread for further advice. Meanwhile, ignore anything else.

Fruitcake

Complain to your MP. The Alternative Dispute Resolution Act 2015 states that an independent appeal must be available for not less than a twelve month.
Include the same in your complaint to the BPA.

waamo

Do not, under any circumstances, reveal who was driving. By their own admission they don't use POFA so can only chase the driver.

If they don't know who that was then good luck to them.

sharonbetty

Complained to BPA about APCOA not issuing another verification code (and also that they were breaching the code of practice bit about "harassing" the keeper).

Also complained to APCOA (customer services) about not issuing another verification code, and giving them an opportunity to cancel the PCN.

Today - got an e-mail from APCOA with another POPLA code !!!

From their e-mail, I suspect it was the complaint via BPA that caused this (although it may have been the 2 combined).

Anyway, have just put in the POPLA appeal using a document crafted from the template - will now wait and see whether this follows the normal course detailed here in these forums.

waamo

Did you put in about keeper liability? It would have been better to have it checked here but we are where we are

Coupon-mad

APCOA cannot hold keepers liable so like waamo, I hope you had the POFA in there!