Successful appeal letter - APCOA PCN at Birmingham Airport IBIS Hotel

Grizebeck

So just await the decline and do appeal on no keeper liability

colinut

Appealed to APCOA using OP's letter and they rejected it with this: 

Thank you for your appeal received xx December 2023 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.

For clarity, APCOA Parking (UK) Ltd enforce Birmingham Airport on behalf of the owners of the land and must adhere to strict enforcement guidance set by the landowner when enforcing privately owned land around Birmingham Airport. As the vehicle was found in breach of the Terms & Conditions of the site, we must make you aware that this Parking Charge Notice was issued correctly in accordance with British Parking the site and British Parking Association (BPA) guidelines.

Schedule 4 of the Protection of Freedoms Act (POFA) 2012 requires operators to issue PCNs to motorist within 14 days, starting the day after the contravention. As previously advised, PCN xxxxxxx was issued on xx/12/2023, which is 11 days after the contravention took place. The PCN was assumed as received on xx/12/2023 in accordance with section 21.4a of the BPA 'Code of Practice'. Our system shows that this PCN was issued and received 13 days after the date of contravention and therefore, PCN xxxxxxxxx was issued under Schedule 4 of the POFA 2012. Schedule 4 of the POFA 2012 allows APCOA Parking (UK) Ltd to pursue the registered keeper for unpaid charges due to the vehicle being parked in breach of the Terms & Conditions of site.

We must advise that the PCN was issued for breach of terms and conditions, after reviewing the CCTV footage of your vehicle at the time of the alleged contravention, your vehicle can be seen collecting a passenger within a restricted area. The CCTV footage shows that while your vehicle was parked on the red route, you collected a passenger who entered the vehicle via the passenger side of the vehicle. For clarity, this action constitutes a "pick up", Picking up passengers is prohibited in this area as stated on signage within the area. The CCTV footage shows that the area in which you dropped off passengers is marked with double red lines, which indicates a 'Red Route'. As you can see from the still image below, there are signs clearly visible in and around this area.

When a vehicle enters the restricted zone at Birmingham Airport, vehicle drivers enter into a parking contract with APCOA Parking. The driver of a vehicle does not need to have read the terms and conditions of the contract to accept it, there is only the requirement to ensure that the driver is afforded the opportunity to read and understand the terms and conditions of the contract before accepting it.

Advised on the PCN, it clearly states the alleged contravention is a breach of the terms and conditions of use of the Car Park/Private Road/Roads. Signs are clearly displayed throughout the area showing these terms and conditions.

In reference to section 12.1 of the British Parking Association’s Code of Practice, it states ‘Any BPA member involved in managing, controlling and enforcing parking on unregulated private land must be a member of the AOS to request information from the DVLA’s vehicle records’. We can confirm that no breach of BPA code of practice or the DVLA requires relating to data has occurred.

Signage advising that you are within a private road is located on entry and throughout the private land. This signage also advised that the restricted area is camera monitored and that passengers must only be picked or dropped of in the designated areas. We must advise that all signage has been approved by the BPA and conforms to their Code of Practice. The signage referenced is copied below.

For clarity, we must advise that the Road Traffic Act does not apply on the road that the contravention occurred, as this is a private road.

Within the PCN, it advised that it is in APCOA’s legitimate interests to regulate the parking in this Car Park/Private Road/Roads. Motorists are afforded the opportunity to read the Terms & Conditions; however, consideration periods do not apply where a parking event takes place in an unauthorised area e.g. Blue Badge holders, pick up/drop off areas or where parking is prohibited. This is referenced in section 13.4 of the BPA ‘Code of Practice’.

As your vehicle collected a passenger outside of designated areas whilst stopped on the red route, your vehicle was in breach of the Terms & Conditions. 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.

Do I now appeal to POPLA or do nothing?

Many thanks!

Fruitcake

colinut said:

Appealed to APCOA using OP's letter and they rejected it with this: 

Thank you for your appeal received xx December 2023 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.

For clarity, APCOA Parking (UK) Ltd enforce Birmingham Airport on behalf of the owners of the land and must adhere to strict enforcement guidance set by the landowner when enforcing privately owned land around Birmingham Airport. As the vehicle was found in breach of the Terms & Conditions of the site, we must make you aware that this Parking Charge Notice was issued correctly in accordance with British Parking the site and British Parking Association (BPA) guidelines.

Schedule 4 of the Protection of Freedoms Act (POFA) 2012 requires operators to issue PCNs to motorist within 14 days, starting the day after the contravention. As previously advised, PCN xxxxxxx was issued on xx/12/2023, which is 11 days after the contravention took place. The PCN was assumed as received on xx/12/2023 in accordance with section 21.4a of the BPA 'Code of Practice'. Our system shows that this PCN was issued and received 13 days after the date of contravention and therefore, PCN xxxxxxxxx was issued under Schedule 4 of the POFA 2012. Schedule 4 of the POFA 2012 allows APCOA Parking (UK) Ltd to pursue the registered keeper for unpaid charges due to the vehicle being parked in breach of the Terms & Conditions of site.

We must advise that the PCN was issued for breach of terms and conditions, after reviewing the CCTV footage of your vehicle at the time of the alleged contravention, your vehicle can be seen collecting a passenger within a restricted area. The CCTV footage shows that while your vehicle was parked on the red route, you collected a passenger who entered the vehicle via the passenger side of the vehicle. For clarity, this action constitutes a "pick up", Picking up passengers is prohibited in this area as stated on signage within the area. The CCTV footage shows that the area in which you dropped off passengers is marked with double red lines, which indicates a 'Red Route'. As you can see from the still image below, there are signs clearly visible in and around this area.

When a vehicle enters the restricted zone at Birmingham Airport, vehicle drivers enter into a parking contract with APCOA Parking. The driver of a vehicle does not need to have read the terms and conditions of the contract to accept it, there is only the requirement to ensure that the driver is afforded the opportunity to read and understand the terms and conditions of the contract before accepting it.

Advised on the PCN, it clearly states the alleged contravention is a breach of the terms and conditions of use of the Car Park/Private Road/Roads. Signs are clearly displayed throughout the area showing these terms and conditions.

In reference to section 12.1 of the British Parking Association’s Code of Practice, it states ‘Any BPA member involved in managing, controlling and enforcing parking on unregulated private land must be a member of the AOS to request information from the DVLA’s vehicle records’. We can confirm that no breach of BPA code of practice or the DVLA requires relating to data has occurred.

Signage advising that you are within a private road is located on entry and throughout the private land. This signage also advised that the restricted area is camera monitored and that passengers must only be picked or dropped of in the designated areas. We must advise that all signage has been approved by the BPA and conforms to their Code of Practice. The signage referenced is copied below.

For clarity, we must advise that the Road Traffic Act does not apply on the road that the contravention occurred, as this is a private road.

Within the PCN, it advised that it is in APCOA’s legitimate interests to regulate the parking in this Car Park/Private Road/Roads. Motorists are afforded the opportunity to read the Terms & Conditions; however, consideration periods do not apply where a parking event takes place in an unauthorised area e.g. Blue Badge holders, pick up/drop off areas or where parking is prohibited. This is referenced in section 13.4 of the BPA ‘Code of Practice’.

As your vehicle collected a passenger outside of designated areas whilst stopped on the red route, your vehicle was in breach of the Terms & Conditions. 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.

Do I now appeal to POPLA or do nothing?

Many thanks!

Appeal using all the relevant points available to you from the third post of the NEWBIES.

Assuming you weren't daft enough to blab about the driver's identity in your initial appeal, your first point should be about the site being not relevant land, therefore no keeper liability. 

Meanwhile, was your other airport PCN resolved, or are you still waiting for it to time out after 6 years?

Stud_Muffin

First-time post. 

Are the details for an appeal up to date? I received the same thing for the same road. £100 fine, reduced to £50 if paid straight away. My stopping time was less than 5 seconds as I had to get myself into a more comfortable position due to uncontrollable sickness caused by my receiving a certain treatment. As I was driving, I started to be sick, I pulled to the left, adjusted myself and stopped retching. I feared losing control of my car and causing an accident. It was the lesser of two evils.

Does anyone have details for BHX, to who I would complain to? 

Coupon-mad

Stud_Muffin said:

First-time post. 

Are the details for an appeal up to date? I received the same thing for the same road. £100 fine, reduced to £50 if paid straight away. My stopping time was less than 5 seconds as I had to get myself into a more comfortable position due to uncontrollable sickness caused by my receiving a certain treatment. As I was driving, I started to be sick, I pulled to the left, adjusted myself and stopped retching. I feared losing control of my car and causing an accident. It was the lesser of two evils.

Does anyone have details for BHX, to who I would complain to? 

You don't need to try landowner complaint with such an easy one!

Just don't say who was driving.

dogtired123

Seems like this money making operation has been running for quite a while. 

Why have this layby there if its not possible to use it?

It is confusing and therefore it should be blocked off.....no wait, lets leave it open and draw people in thinking ITS A LAY BY and we are in the hotel.....

Then we can fine them £100 everytime

What a scam    APCOA Highwaymen!! Daylight Robbery.......

NEEDS Exposing .............to save others having the same issue