T5 Drop off PCN - APCOA - leased car

Coupon-mad

Lucky it's only APCOA! Benign. Never sue anyone.

All you need be concerned about is ensuring they have your correct address and will write to you and not to BMW again (except initial PCN).

Even if you can't go through the daft appeals process for the old one because APCOA tell you that you can't, you are safe to just ignore them. Except if you move house within 6 years. Never leave any PPC with an old address in their database.

knightstyle

Get it in writing from BMW that they do not pay this and will pass on any documentation received to your correct address, phone conversations are not evidence should it come to anything.

adslcfc

I sent an email to ACPOA saying

"I am writing in relation to the above PCN number to confirm that I am the hirer of the vehicle, I spoke to BMW Finance who have confirmed they advised you of this, but unfortunately provided APCOA with an incorrect address, they subsequently followed up with the correct address however I am yet to receive any correspondence whatsoever at said address. Could you please reissue the Notice to Hirer to my current address, as advised by BMW finance, for me to deal with."

Their response;

"We have checked our system and have been unable to locate an appeal transferring this Parking Charge Notice (PCN) to yourself.
 
However, the PCN reference number xxxx, along with your Vehicle Registration Number (VRN), will allow you access to our appeals/payment portal at: https://heathrowdropoffpcnpayments.apcoa.com/pcnonline/index.php   
 
To pay or appeal, please enter the above PCN reference number and VRN, then click “Lookup PCN” to continue. 
 
If you have any further queries, please do not hesitate to contact us."

This isn't particularly helpful, do I just go back and say I need you to reissue the Notice to Hirer to my address? Or do I speak to BMW and get them to contact again?

Coupon-mad

Did you put the right PCN number on the communication - the one from March?

They seem to have assumed you are talking about the June one. If there is one...

adslcfc

Yes I did as they put the same PCN number back to me on the email and I can see it on their website as being the March one. I think they are saying they never received anything from BMW passing the liability to me?

Coupon-mad

Query it and tell BMW they need to transfer liability again because APCOA are saying they can't find it.

cesar1510

Not sure if I can write on this thread, so let me know if I should start a new one. @Coupon-mad any thoughts? 

I am writing on behalf of someone who is a taxi driver. They have received a Notice to Hirer. I am using an older successful template which was for Keeper but have changed the naming to Hirier in the on below: 

I  have just received your Notice to Hirer dated  {Date} 

I am the Hirer or the vehicle, but I was not the driver. Your Notice is non-POFA compliant. APCOA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

The drop-off area appears to be not relevant land as defined by paragraph 3 of Schedule 4 of The Protection Of Freedoms Act 2012, as an Airport and being subject to byelaws. APCOA cannot therefore transfer liability for the alleged charge from the driver at the time to me, the Hirer.

Even if (which is not the case) the drop-off zone is relevant land, the PCN does not conform to the statutory requirements of paragraph 9 of Schedule 4 to POFA so there can be no transfer of liability to the keeper;

Therefore Hirer liability does not apply, there will be no admissions as to who was driving, and no assumptions can be drawn.

There is no legal requirement for the Hirer to name the driver at the time and I will not be doing so.

I would suggest that you cancel the PCN as you have precisely no hope with POPLA where the driver is unidentified and the breach of POFA noted above, I will also complain to the BPA and to the DVLA for a possible breach of KADOE too.

I do not expect to hear from you again, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Coupon-mad

This is an old thread.  But it will work fine!

cesar1510

so just to confirm the template (which was made for for Notice to keeper but changing the word Keeper to Hirer), will work? @Coupon-mad ? 

Fruitcake

cesar1510 said:

so just to confirm the template (which was made for for Notice to keeper but changing the word Keeper to Hirer), will work? @Coupon-mad ? 

Yes. Just use the exact words you quoted in your previous post. Please start a new thread if you need further help.