Heathrow T2 Drop-Off fine

kumarrk02

Hi everyone. I need your help.

I went to Heathrow to pick up my wife on 21/04 and planned to pick her up from the arrival bay. Due to poor signing, I went to the drop off area and stopped to ask direction from an airport official. He told me I need to go to the lower level and I drove back around. I followed the T2 sign again, and again came to same area. Right late to Short Stay parking, and left to drop off. While the signage said Short Stay/Arrival, the road marking at the end only said Short stay and I thought I missed the road/exit. I went round the 3rd time and went through T3 direction, and eventually it led to out of the airport. Wife just travelled over 12 hrs, and myself drove over 1hr and both were very tired so I asked my wife to meet me at drop off (asked her to ask around how to reach the arrival, but no one helped). Anyway, I could only see the terms and conditon only after I stopped at the first stop to ask for direction, and there is no other signage regarding £80 fine, nor how to pay, except that small signage.

When I reached home, I went to pay that £5, for i know i used it to pick up my wife. To my surprise, I got the fine 24 days later, on 14/05/22. Unfortunately, I did not come here at first, as I thought they may have missed my payment. I mentioned I paid it for using it to pick up my wife, as I counld not locate the pickup area for arrival. I accessed it first time to ask for direction and left less than a minute later and did not stopped the 2nd time. I expressedly stated I paid for the time I stopped to pick up my wife.

I also explained I got the notification letter well after 14 days and it be invalid, being from a private company. The latter was ignored and they declined my appeal.

I send an appeal to POPLA, and lost again, stating that while my first visit could be classified as not being in contract due to terms and conditions were not clear, my last visit was indeed a valid use of the drop off and hence I was correctly fined. This is despite the fact that I clearly mentioned that I paid for the 3rd visit and no the other ones.

I recently realised that I had received APCOA's evidence pack to review/contest, and complained to POPLA. Yesterday they emailed me and send me the pack again, and I got 7 days to appeal to them.

Can someone please help me how to win it?

I can paste their letter/pack here if needed.

Sorry if my message above is confusing.

Please help.

Coupon-mad

Yes please show the evidence pack.  I'd like to see their evidence of signage in particular.

Also please show the exact wording you submitted to POPLA.

Did you drive through twice, or 3 times?  If 3 times then you must have two PCNs and two duplicate POPLA appeals in?

Pretty sure that in recent cases, POPLA have found the signage here to be wholly inadequate, and certainly you should never have lost because no consideration period was allowed.

This is not a 'no stopping zone' and if you didn't stop and just drove through, then you cannot be liable for a parking charge.  You didn't park nor gain any utility from the site the first two times round and APCOA have neither allowed a consideration period, nor evidenced stopping,  nor evidenced dropping off, nor evidenced sufficient signage to warn about the £80 charge.

The latter is a secondary obligation, a penal term that could only be read after the point of stopping at the drop off area, and ONLY if the sparse signs there were close enough to read AND included the £80 in large lettering.

Which they don't.

The approach signs in yellow above the lanes only mention £5. Nothing about agreeing to pay £80 the second your wheels cross the ramp.

kumarrk02

Hi there,

First of all, am very sorry for late response. Didn'r realised the email notification was off, and thought I had not received any response.

As requested, please find below:

1. My appeal to POPLA.

2. Evidence pack

1. My Appeal to POPLA

Dear Sir/Madam,

I went to Heathrow T2 on 21/04/22 to pick up my wife. I needed to pickup her from arrival, but due to poor signage, I drove through the Drop Off area. I enquired with a staff there for how to reach arrival for pickup, and was told I missed my turn as the arrival is at lower level,

I immediately drove around again(less than a monite later), but again I did not see any such signage for pickup. Only 2 options were:

1. Drop Off and

2. Short Stay.

This time, i drove around again, and did not stop at the drop-off, but took a wrong turn afterwards that led me out of the airport.

I was very tired, having driven over an hour and my wife just travelled over 14 hrs (+ about 5 hrs at airports), and called my wife to meet me at the drop off instead, as I could not see the arrival area for pickup and I know I can reach the drop off.

When I reached home, I paid the £5 charge, but weeks later I received a letter of fine from APCOA that I did not pau the £5 charge.

I had explained my situation that i only drove through the drop off as there were no sign where to pick up (i was not looking for parking, just park the car, take my wife, and drive off immediately). Furthermore, I had already paid the £5 charge, and even provided proof. Also, I receive the letter well after 14 days (drove on 21/04/22, received letter on 14/05/22, i.e. 25 days later).

I have appealed on 21/05/22  but ot was denied (email received on 26/05/22, though they did not considered that I had paid the charge on same day; received the notice very late, and there were no visible signage on how to pay or even of any fines.

I hereby appeal the fine and want to have it cancelled for the following reasons:

1. I have paid the £5 charge on 21/04/22ref: 2452003, Receipt ID 2390737 (attached), so why they still charge is is very confusing. Their letter only mentioned that I had breached their terms and conditions of use of facility and that signs are clealy displayed throughout the area showing these terms and conditions. THe only signs that are clearly displayed is £5 charge for use of drop off area, which I have paid on that same day!

2. The contracts is oncluded as soon as the motorist enters the drop off zone. Though the £5 charge is visible, it is impossible to read the £80 charge, unless the driver stops and go read the notice, which is very small, i.e. after the contract has concluded. Therefore, under the principles laid down by the Court of Appeal in Thornton v Shoe Lane Parking [1971] QB 163, the contract includes a commitment to pay £5 but it does not include a commitment to pay the £80 parking charge.

3. The £80 sign is too small for any motorist to see, and there is no fore-warning of it before entering the road (Assessor Andy Prescott, POPLA ref 0490392173)

4. Even if the signs inside the zone give sufficient prominence to the £80 charge (which they do not), the motorist is not given the opportunity to leave the zone without parking because the operator purports to conclude a parking contract for any visit to the zone, however short. By doing so, the operator is in breach of paragraph 13.1 of the BPA Code of Practice.

5. Even if I had entered the area by mistake, there is no safe way to get out of if, without passing through the drop off area. Therefore, making it very dangerous and invalid signage.

Therefore, the PCN must be cancelled.

Coupon-mad

@kumarrk02 where is the evidence pack?

kumarrk02

 2. Evidence Pack

Sorry I am having trouble to paste the evidence pack. I have tried to share a link to the file, but cannot do so. am too new. I will keep trying to convert it to word.

Regarding your query about no of times I drove by it,  it was 3x times.

1st time i stopped to ask for direction, as I could not see the 'Arrival' bay. I was simply told it was at lower level.

2nd time, i drove around, and came back again (following the advice of the official), but failed to see any 'Arrival' visible and drove off, did not not stopped. ( this information is missing from the evidence pack)

3rd time, I drove around again, but this time used T3 route, hoping the 'lower level' would be there. I drove towards T3,but eventually it led me towards outside of the terminal (they next saw me going through T3), and finally

4th time, I stopped at drop off and picked up my wife.

I made it very clear to APCOA that I paid for the last stop only, and not the 1st and 2nd time I drove through.

Also, I received only 1PCN.

Furthermore, I received the original fine notification of fine well after 14 days. I had pointed this to them, but they ignored it, stating the letter was dated earlier. I had asked them for proof of postage and receipt, through the chat, but it was ignored as I had already started appeal process.

I will copy paste the evidence in mext message. Sorry for inconvenience and thanks in advance for your help

Coupon-mad

Sorry I am having trouble to paste the evidence pack. I have tried to share a link to the file, but cannot do so. am too new. I will keep trying to convert it to word.

Can you save the file to Dropbox then create a 'shared link' and post it here but make the link BROKEN - e.g. change http to hxxp and add the word DOT instead of a .

kumarrk02

Please see below. I used an app for remove personal details, but it left a watermark.

 

Origin	ANPR
Legislation	POFA
Issued by	PK001
Location	Heathrow Terminal Drop Off T2
Company	Heathrow Airport Limited
Contravention	01 - Use of Drop Off Zone without making a valid payment
Vehicle
Contravention date	Thu, 21 Apr 2022 21:12

 

Parking Policy

 

APCOA have had a contract in place with Heathrow Airport since 01/10/2021. The current landowner’s authority runs until 30/12/2029. Please find a copy enclosed. It has been redacted to ensure the privacy of the landowner.  This is a rolling contract and is currently valid.

Terms and restrictions of parking are signposted throughout any restricted areas and on the entrance/exit of private grounds.

Any driver parked in breach of the displayed terms or restrictions will be issued a Parking charge notice containing evidence from our ANPR cameras.

APCOA are an approved operator of the BPA; under which guidelines the notice will be issued. Notices are issued by ANPR by post:

Terms of parking are sign posted upon entry to, throughout and along all exit routes of this area.

 

Name and address of Keeper provided by the DVLA and confirmed as the driver in their appeal to APCOA:

 

 

xxx

Statement and other evidence

Heathrow Airport is situated on private land where APCOA have been appointed to enforce their terms on their behalf.

This area is a dedicated drop off zone for vehicles dropping passengers off at Heathrow Airport. A payment is required to be paid online or by phone by midnight of the following day.

As per the terms and conditions of this site:

No payment was made within the correct time after the parking event.

Signage is compliant with the BPA code of practice and APCOA can confirm that we are an approved operator.

Terms or restrictions are given upon signage displayed upon entry to and throughout this site and brought to the adequate attention of the motorist. The signage is laid out in a simple format to communicate the tariff payable, the terms of parking, and the amount payable if there is a breach. The signage further details other actions we may take.

As per the BPA code of practice states, signs are conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand

Having entered onto private land, these terms are accepted, and all vehicles must adhere to

them.

This vehicle was seen to enter the drop off zone at 21/04/2022 21:06 and exited at 21:12 on the same day. Payment is required to be made online or by phone by midnight of the following day. As no payment was received within this timeframe, a parking charge was issued correctly.

Upon being issued a notice, the driver made an appeal to APCOA claiming that they made payment of the drop off charge.

a)     The ANPR images provided show the vehicle enter and exit the drop off area.

b)     A search of the payment system for this location, confirmed that only one payment has been made under this vehicle registration. The VRN entered the Terminal Drop-ff zone three times on the day of contravention. As a gesture of goodwill, one of the visits was allowed as a free visit, leaving the remaining trip outstanding.

c)     A payment is allowed to be paid up to midnight on the day after the drop off event.

d)     Whilst this may be the case, the motorist was seen to drive into the drop off zone without making a payment. Signage clearly indicates that £5 is required per visit to the drop off zone.

e)     On this occasion, the motorist was allowed 26 hours to make a payment. The motorist chose not to do this.

f)       The driver entered onto private land freely and in full acceptance of the terms of parking clearly displayed. A tariff and terms and conditions are offered; and by remaining in the car park, these are accepted.

The driver now appeals to POPLA on further grounds.

The appellant claims to of paid for the trip on 22/04/2022 which may be true, but they made two visits on that day.

A site plan and photographic evidence of the signage in place in the car park is included in this pack. The terms and conditions of this car park are: “£5.00 per visit – it advises the motorist to ‘Pay online or by phone, and the website address is also provided: heathrow com/dropoff. Included in the signage is a contact number 0330 008 5600’ Signage further advises that ’Payment must be made by Midnight on the day after your visit”. The signage also states a Parking Charge of £80 will be issued for failure to comply with the terms and conditions of the site.

The driver of the vehicle does not need to have read the terms and conditions of the contract to accept it. There is only the requirement that the driver is afforded the opportunity to read and understand the terms and conditions of the contract before accepting it. It is the driver’s responsibility to seek out the terms and conditions, and ensure they understand them, before agreeing to the contract and parking.

The terms and conditions in this location advise the driver that they must pay for each visit to the site. The evidence and appellants explanation confirms that they visited this location multiple times and as such were required to pay for each visit.

The contract to park is via the terms and conditions signs.

Signage is displayed at the approach to this drop off area, along the location and upon exit, advising all motorists that a payment is required for each visit to the drop off area, and this is required to be made online or by phone.

It is the driver’s responsibility to make sure that they have paid for each trip they take, as the driver went in twice it is their responsibility to make sure they seen the signage that is clear on where and how to pay.

Considering the above APCOA are satisfied that this notice was issued correctly and should stand.

Heathrow Airport is situated on private land, where the driver enters willingly into agreement of the displayed restrictions and conditions around the Airport; also given on their website.

It is the driver’s responsibility to ensure they are familiar with and adhere to these whilst entering and remaining on the property. It is the driver’s responsibility to advise their passengers accordingly.

Section C

 ·   Parking Charge Notice

 ·   Notes

Parking Charge Notice

 

PCN front:

 

Registered Keeper Details

 

The vehicle was observed parked on site in breach of the terms and conditions and photographic evidence was taken as evidence. So that a postal PCN could be sent to the vehicle’s registered keeper, we contacted the DVLA under a ‘reasonable cause request’ to obtain their name and address.

 

 Liability Trail

 The appellant confirmed in their appeal to POPLA that they were the driver of the vehicle. As driver liability has been established, we will not be relying on POFA to enforce keeper liability. The PCN was not issued under PoFA, therefore we will not be making any claims under the Act.

 

Section E

 

·   Original representations

 

·   Notice of rejection

 

Thursday, May 26, 2022
Dear
PARKING CHARGE NOTICE (PCN): xxx
VEHICLE REGISTRATION: xxx
POPLA VERIFICATION NUMBER: xxx
CONTRAVENTION DATE: 21 April 2022 21:12
Thank you for your appeal received 14 May 2022 against the above Parking Charge Notice (PCN). Having carefully considered the evidence provided by you, we must advise your appeal has been unsuccessful on this occasion.

As your vehicle was observed in contravention of the terms and conditions at the Heathrow terminal drop-off zone, we aresatisfied that the notice was correctly issued in accordance with the BPA code of practice, and therefore not able to waiverthe charge on this occasion.

In your appeal you have explained that you did make a payment as you were undertaking a pickup, not a drop off. Whilst weappreciate that this may have been the case, it is not sufficient grounds to warrant cancellation of this PCN. As stated above, the terms and conditions of using the drop-off zones are displayed by way of clear signage. The zone through which your vehicle passed is for dropping off only. It is the responsibility of the motorist to read and comply with the signage on site.
Pickups can be undertaken at the nearby short stay car parks. Directions to the pickup areas can be found on the signage throughout the airport roads.
Therefore, you now have 2 options, however you cannot do both:
Option 1
Pay the Parking Charge Notice (PCN) at the discounted price of £40 within 14 days. Please note that after this time the Parking Charge Notice (PCN) will increase to £80.
Payments can be made online at heathrowdropoffpcnpayments apcoa com
Option 2

You have now reached the end of our internal appeals procedure. You now have the option to make an appeal to POPLA - The Independent 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 0491462180. Please be advised that if you opt for
independent arbitration of your case, the Parking Charge Notice (PCN) will be considered at the full amount of £80.
However, the Parking Charge Notice (PCN) will remain on hold until the appeal is considered. If you require a hard copy of the POPLA form please contact our customer service centre on 0333 200 7459 where one of our customer service agents will be happy to assist you.
By law we are also required to inform you that Ombudsman Services (wwb ombudsman-services org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.
Yours Faithfully,

APCOA Customer Support Centre, APCOA Parking (UK) Ltd acting on behalf of Heathrow Airport Limited.

Section F

·   Images

·   Plans

 

Section G

 

·   Other evidence

eskbanker

kumarrk02 said:

I went to Heathrow to pick up my wife on 21/04 and planned to pick her up from the arrival bay.

[...]

I counld not locate the pickup area for arrival.

kumarrk02 said:

I went to Heathrow T2 on 21/04/22 to pick up my wife. I needed to pickup her from arrival, but due to poor signage, I drove through the Drop Off area. I enquired with a staff there for how to reach arrival for pickup, and was told I missed my turn as the arrival is at lower level,

I immediately drove around again(less than a monite later), but again I did not see any such signage for pickup. Only 2 options were:

1. Drop Off and

2. Short Stay.

[...]

I could not see the arrival area for pickup

[...]

there were no sign where to pick up (i was not looking for parking, just park the car, take my wife, and drive off immediately).

While not directly relevant to your issue of challenging the dropoff charge, it's perhaps worth noting for future reference that Heathrow doesn't offer a dedicated arrivals pickup area as such and expects you to use short-stay parking for this purpose:

https://www.heathrow.com/transport-and-directions/terminal-drop-off-charge

Picking up passengers

The drop-off charge does not affect passenger pick-ups, which will continue to take place via the car parks. You cannot pick up passengers from the drop-off zones.

Coupon-mad

OK - even if it had been broad daylight (which it wasn't) there is absolutely no way any driver, even driving round 3 times, could ever have seen the parking charge sum of £80.  If it's there, it's positively buried in small print and impossible to see from a driver's seat.

Am I right you said POPLA actually made a decision rejecting your appeal, then you complained you hadn't seen the evidence pack?

Can you show us the POPLA rejection wording because your job now (and you have just a couple of days) is to word your comments about the lack of £80 signage and turn it around.

The first Assessor got it badly wrong and we need to see their conclusions.  That is, if they did actually reject the appeal?

kumarrk02

POPLA assessment and decision
13/07/2022
Verification Code
xxx
Decision
Unsuccessful
Assessor Name
xxx
Assessor summary of operator case
The Parking Charge Notice was issued for non-payment.

Assessor summary of your case

Within their appeal the appellant explains that they paid the £5 charge
on the same day reference, xxx, ID xxx. It would appear from
the appellant’s extended appeal provided as evidence that they had
entered the parking area on more than one occasion but appears that
only one payment for their visits was made. They say that although the £5
is visible on the signage it is not possible to read the £80 charge unless the
driver stops and goes to reads the notice which is very small, they say
that the contract is for the payment of £5 and not but does not include the
charge rate of £80 as referenced in the Court of Appeal in Thornton v
Shoe Lane Parking [1971] QB 163. They dispute the signage for being too
small. They say it is not possible to form a contract due to the lack of
visibility of the signage due to the fact that the parking operator has not
given sufficient time to establish the terms as outlined in Section 13.1 of
the British Parking Association BPA Code of Practice. Had they entered
the area in error the appellant says there is no safe way to get out of the
area without passing through the drop off zone. The appellant has
supplied evidence to POPLA of the payment made on site, the terms and
conditions that they say are unclear and a more detailed appeal.

Assessor supporting rational for decision

The appellant has identified as the driver on the date of the event, I will
be considering driver liability. When entering onto a private car park
such as this one, any motorist forms a contract with the operator by
choosing to remain on the land. On private land there is only a
requirement that an opportunity to read the terms and conditions is
given to a motorist prior to parking. The signage in place sets out the
terms and conditions of the contract offered. The signage states, “A
Parking Charge Notice (PCN) will be issued for failure to pay or comply
with the terms and conditions”, “£5.00 per visit”. “Pay online or by phone,
and the website address is also provided: heathrow.com/drop-off”.
Included in the signage is a contact number 0330 008 5600 and “Payment

must be made by Midnight on the day after your visit” and “PCN charges
£80”. This car park uses Automatic Number Plate Recognition (ANPR)
camera images. I can see that the vehicle entered the site on 21 April 2022
at 21:06 and left at 21:12 remaining for 6 minutes. The Parking Charge
Notice was issued for non-payment. The area is a drop off zone for
vehicles dropping passengers off at Heathrow Airport, what is further
clear is that a payment is required for each visit either online or by
phone by midnight the following day. It is clear from the signage that a
payment is required to be made online or by phone by midnight of the
following day, I can see that there is a contact number 0330 008 5600 if
support and advice is needed. Further, the parking operator has
indicated that on this occasion, the motorist was allowed over 26 hours to
make a payment as this did not occur the parking operator issued a
parking charge notice. I consider that the parking operator has offered
more than the 24 hours stated on the signage to allow motorists to pay for

their parking session had they failed to do so at the time of their visit.

Based on the information reviewed it appears a contract between the
driver and the operator was formed, and the operator’s case file suggests
the contract has been breached. POPLA’s role is to assess if the operator
has issued the PCN in accordance with the conditions of the contract, I
will examine the appellant’s grounds of appeal to determine if they make
a material difference to the validity of the PCN. Within their appeal the
appellant explains that they paid the £5 charge on the same day
reference, 2452003, ID 2390737. I acknowledge the evidence supplied by
the appellant; it would appear from the appellant’s extended appeal
provided as evidence that they had entered the parking area on more
than one occasion but appears that only one payment for their visits was
made. From the parking operator’s evidence it clearly shows the first visit
to terminal 2 was a paid visit, the second visit was to terminal 3 and this
stay was within the free stay period. It is the third visit to terminal 2 that
the operator asserts was unpaid. The appellant has asserted that they
paid to park on the date and that they saw the charge of £5 but says that
the charge for a breach of the terms was unclear and they would have to
have left the vehicle to see. They say that the operator has breached its
own contract by not applying Section 13.1 of the BPA Code of Practice.
Section 13.1 of the British Parking Association Code of Practice states,
“The driver must have the chance to consider the Terms and Conditions
before entering into the ‘parking contract’ with you. If, having had that
opportunity, the driver decides not to park but chooses to leave the car
park, you must provide them with a reasonable consideration period to
leave before the driver can be bound by your parking contract. The
amount of time in these instances will vary dependant on site size and
type but it must be a minimum of 5 minutes”. The BPA Code of Practice
advises that dependant on the size and type of car park the amount of
time will vary but a minimum of 5 minutes is given. I understand that
unfamiliar areas are difficult to navigate and that the appellant had
entered and exited various times through the site. In this case I am
satisfied that the appellant says they paid to park therefore the terms of
parking would have been clear for them to have read this information, as
above this payment was for one visit to the area only. Further, they were
on site for 6 minutes which I find to be in excess of the time permitted
allowing them to establish the terms and conditions offered on site. The
appellant has referenced that the signage is insufficient and the charge
amount of £80 is unclear. The British Parking Association monitors how
operators treat motorists and has its own Code of Practice setting out the

criteria operators must meet. Section 19.2 of the British Parking
Association’s Code of Practice advises that there must be an entrance sign
at the point of entry to the parking area, it states, “Entrance signs must
tell drivers that the car park is managed and that there are terms and
conditions they must be aware of. Entrance signs must follow some
minimum general principles and be in a standard format. The size of the
sign must consider the expected speed of vehicles approaching the car
park, and it is recommended that you follow Department for Transport
guidance on this...”. For the operator to show that it has correctly issued
the parking charge, it must demonstrate that the signage complies with
the requirements set out in the British Parking Association’s Code of
Practice. An entrance sign invites drivers to enter and review other signs
to review the full terms and conditions of the contract offered prior to
parking. The size of the sign must consider the expected speed of vehicles
approaching the car park, and it is recommended that you follow
Department for Transport guidance on this. A standard form of entrance
sign must be placed at the entrance to the parking area. There may be
reasons why this is impractical, for example: • when there is no clearly
defined car park entrance • when the car park is very small • at
forecourts in front of shops and petrol filling stations • at parking areas
where general parking is not permitted Section 19.3 of the British Parking
Association’s Code of Practice which advises that specific parking-terms
signs shows drivers what the terms and conditions are, including any
parking charges. The signs must be placed throughout the site, so that
drivers can read them when parking or leaving their vehicle. The
operator should keep a record of where they are placed and the signs
must be conspicuous, legible, and clear, making them easy to see, read
and understand. For the operator to show that it has correctly issued the
parking charge, it must demonstrate that the signage complies with the
requirements set out in the British Parking Association’s Code of Practice.
Each sign placed within a private car park from the entrance and
throughout has relevance in establishing a contact, on the balance of
probability I must consider the existence of all signage to establish if a
contract was offered. The operator has provided evidence of a site map,
this shows where the signs are located throughout the site from the point
of entry. They say that although the £5 is visible on the signage it is not
possible to read the £80 charge unless the driver stops and goes to reads
the notice which is very small, they say that the contract is for the
payment of £5 and not but does not include the charge rate of £80.
Section 19.4 of the British Parking Association’s (BPA) Code of Practice
states, “If you intend to use the keeper liability provisions in Schedule 4
of POFA 2012, your signs must give ’adequate notice’. This includes: •
specifying the sum payable for unauthorised parking • adequately
bringing the charges to the attention of drivers, and • following any
applicable government signage regulations. The Protection of Freedom
Act (POFA) 2012 Paragraph 2 (3) States “For the purposes of sub-
paragraph (2) “adequate notice” means notice given by— (a) the display
of one or more notices in accordance with any applicable requirements
prescribed in regulations under paragraph 12 for, or for purposes
including, the purposes of sub-paragraph (2); or (b) where no such
requirements apply, the display of one or more notices which - (i) specify
the sum as the charge for unauthorised parking; and (ii) are adequate to
bring the charge to the notice of drivers who park vehicles on the
relevant land”. The appellant says that the charge amount of £80 is
unclear on the signage but maintains that they did pay for their parking

therefore the terms for this part of the process on the date must have
been clear to the appellant. I am therefore satisfied that there would have
been sufficient time to have read the remainder of the signage pertaining
to the charge amount. Overall, I am satisfied that there is sufficient and
clear signage to demonstrate that the signs meet the minimum
requirements set out by the BPA Code of Practice. The reference to the
Court of Appeal in Thornton v Shoe Lane Parking [1971] QB 163 has no
impact on the decision being reached in this case, POPLA will only
consider the Supreme Court ruling, 2015 in respect of the ParkingEye - v-
Beavis case, when required. When reviewing an appeal, POPLA considers
whether a parking contract was formed and, if so, whether the motorist
kept to the conditions of the contract. It is the motorist’s responsibility to
ensure that when they enter a privately owned car park, they have
understood the terms and conditions prior to parking. Based on the
information and evidence supplied within this case I satisfied than that
the terms and conditions of the car park have not been met and that
utility was gained. For the reasons outlined above, I have refused this
appeal and the parking charge remains payable.

kumarrk02

Hi there,

I found it very strange and infuriating that while they initially accept the fact the my first visit may not consist of a formal contract, due to lack of T&C, and which are visible only if you actually stop and read that small board. Even their own photo shows that.

I also made it clear that I paid for my last trip, and not for the earlier ones.

It seem that POPLA was quite bias against me and seem to have ignore my paints raised.

Furthermore, they someho accept APCOA's version that I paid for the 1st stop and 3rd one was unpaid.

Also, they don't show my 2nd 'trip' and  I personally found it hard to believe that I took 6 mins to drive up the ramp, load of some luggages and drove off! I am guessing they might have mixed the timings with the 2nd time I drove through.

Unless, they start timing me much earlier, before the ramp.

Funnily enough, APCOA's own photos shows the T&C are at the parking bays, so no chance for anyone entering the drop off would be able to access the payment details.

Adding to that, this is a drop off area, so it is very highly probable that they may drive off without seeing the T&C at any point.

The signage “A Parking Charge Notice (PCN) will be issued for failure to pay or comply with the terms and conditions”, “£5.00 per visit”. “Pay online or by phone, and the website address is also provided: heathrow.com/drop-off”.Included in the signage is a contact number 0330 008 5600 and “Payment ...." is only visible to read only and only if you stop the car and walk to read it.

Sorry, i am just to stressed with this and I have to pick up a relative tomorrow. Guess i'll be heading to the Short Stay directly this time!

Btw, shouldn't the letter have to be received by me within 14 days? They may have am earlier date on the letter, but I received it much later.

Thanks for your help again. Hopefully you can help me win this appeal and get it over with!