Heathrow Drop off - should I appeal to POPLA

lrodin

I am getting in touch with the forum to understand whether I still have an opportunity to win at a POPLA hearing if I use the standard template letters for the POPLA or whether the fact I sent an appeal directly to APOCA (see below) prejudices my chances of success and I should just pay the £40 fine?  I didn't find this forum until after I had sent in my original appeal unfortuately.

I have searched the forum and cannot find the answer conclusively so thought I would post in the hope someone is able to advise me?

This was my appeal letter to APOCA that was rejected:

To whom it may concern

Without prejudice.

I am writing to evidence why no contravention occurred and therefore the PCN issued should be cancelled.

Firstly, I can confirm the charge for dropping off at Heathrow, £5, was paid in full, Receipt ID:xxxxxxxx

The following circumstances are evidenced by:

·      the attached receipt of payment

·      A complaint email I submitted to Complaints.HeathrowDropOff@apcoa.com, explaining payment had been made

·      Confirmation of receipt of the complaint email

·      APOCA chat transcript asking for payment to be noted.

Following a drop off at Heathrow on 22 May 2022, I returned home and attempted to make payment.  In doing so I realised my internet connection was not working so decided to try again the following morning.  Again, on the 23rd May, I seemed to be unable to make payment online, I tried to access the website but payment timed out.  I realised that my internet was not working correctly.  I was able to find a telephone number for your helpline, and therefore tried to call to make payment. 

I was held in a queuing system for over 30 mins and was unable to hold longer.  On the 24th May my internet was still not functioning fully and so I tried to call again.  After 35 mins on hold, I couldn’t hold longer and ended the call.

On the 25th May my internet was restored, and I tried to make payment online.  This time I was able to enter my registration but couldn’t get to the payment screen as the date of my visit was blanked out.  I therefore set the date as the closest date to my visit, 23rd May 2022 and made payment in full of £5.00.

I then contacted Complaints.HeathrowDropOff@apcoa.com to explain the difficulties I had experienced and confirm I had made payment.  I noticed there was an online chat facility so started a conversation and asked the agent xxxx to record the payment against my registration number.  xxxx explained he was unable to do this and advised I wait for a PCN and provide the receipt sand explanation, which is what I am doing.

Therefore, as is clear, I made significant effort to try and make payment, was finally able to do so but it was not registered against my vehicle appropriately, despite requests, and a PCN was issued for a contravention that did not occur as I had made payment.

The PCN was issued on the 2nd June and I informed you well in advance of this date that payment had been made so no contravention occurred.  I paid for my visit. 

Fruitcake

If your initial appeal to APCOA is rejected then yes, you should appeal to PoPLA using all the points available to you from the third post of the NEWBIES Announcement.
Ity is a shame that you didn't make a simple appeal as keeper/ no keeper liability due to the NTK being non-PoFA complaint, and not relevant land because airport byelaws apply.

Coupon-mad

Oh dear.  You said who was driving. This was 100% winnable had you come here first.

Now you have to faff around with a 'possibly winnable, if the wind is blowing in the right direction' POPLA appeal.

Not that you have to pay.  Just so much easier to win at POPLA, had you done this our way!

lrodin

Coupon-mad said:

Oh dear.  You said who was driving. This was 100% winnable had you come here first.

Now you have to faff around with a 'possibly winnable, if the win us blowing in the right direction' POPLA appeal.

Not that you have to pay.  Just so much easier to win at POPLA, had you done this our way!

I didn't specifically say who was driving, but did suggest I attempted to pay but understand my chances would be greater had I come here first, unfortunately I was not aware of this forum so hindsight, etc.

The question I have is whether I can change my reasoning when I get to POPLA to follow the standard templates?

Fruitcake

Use all the points available to you linked from the third post of the NEWBIES. State that the driver has not been identified, (but you could add that you were an occupant of the car if you wish). Include no keeper liability in your appeal due to the NTK being non-PoFA compliant, and airport byelaws apply meaning in both cases the keeper cannot be held liable.

lrodin

Fruitcake said:

Use all the points available to you linked from the third post of the NEWBIES. State that the driver has not been identified, (but you could add that you were an occupant of the car if you wish). Include no keeper liability in your appeal due to the NTK being non-PoFA compliant, and airport byelaws apply meaning in both cases the keeper cannot be held liable.

Thank you - amazing, will do so this evening and confirm outcome - really appreciated 

Coupon-mad

Just copy the stance used by @flybye.

You don't beed to write anything from scratch; we have dozens of winning APCOA Heathrow appeals (search the forum and copy a POPLA appeal).

You can add your stuff about having paid and the difficulties the family faced, as long as you distance yourself as an occupant of the car.

lrodin

Coupon-mad said:

Just copy the stance used by @flybye.

You don't beed to write anything from scratch; we have dozens of winning APCOA Heathrow appeals (search the forum and copy a POPLA appeal).

You can add your stuff about having paid and the difficulties the family faced, as long as you distance yourself as an occupant of the car.

apologies, cant find the post be @flybye. tried searching in the forum but couldn't see it, is there another way to find the thread you mention?

Coupon-mad

You can find it. The name is a link to their profile (and their discussions).

KeithP

It looks like @flybye's thread has vanished. His/her profile says no threads and no posts.

@Coupon-mad, are you thinking of someone else?

Coupon-mad

Just correcting the username whose thread shows everyone how to win v APCOA is:

https://forums.moneysavingexpert.com/discussion/6328488/apcoa-heathrow-drop-off-pcn#latest

@flyebye