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APCOA Birmingham Airport PCN

Location: Birmingham Airport – just before zebra crossing outside Diamond House (ANPR)

Date/Time: 28 August @ 4AM

Date of Issue of Notice: 16th September (which is after the 14days?)

I have read the newbie thread and a few others, just need some advice before uploading to appeal portal.

In my circumstance, my son works at the airport.  Dropped him off at 4AM just before the Zebra crossing outside Diamond House (red route inside airport private road area), only stopped for literally 3-7seconds just enough time for my son to get out and shut door. 

They have sent PCN with the following:  Notice is hereby given to the Registered Keeper of vehicle mark XXXXXXXX for the alleged contravention of Dropping off or picking up outside designated areas outside Diamon House (ANPR)..date & time.

They have also sent Pictures and Video clip of my son getting out of the car?

Can I send one of the following on the initial appeal or should I be sending something different?

 

A)  (Won't be including the crossed out writing which to me did not seem relevant to my case?)


Re PCN number: XXXXXXXXXXXXXX

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

 

OR

 

B)

Re PCN: HF1234567

VRM: AB123CDE

Date of issue: 32 August 2022

I am the registered keeper. I was not the driver. Your NTK 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.

APCOA cannot hold a registered keeper liable. As a matter of fact and law, APCOA (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'. If the Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift and another matter entirely, but not only is that not pleaded, it is also not legally possible because APCOA is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for APCOA’s own profit (as opposed to a byelaws penalty that goes to the public purse) and APCOA has relied on contract law allegations of breach against the driver only. The registered keeper was not that driver and cannot be presumed to have been, nor pursued under some twisted interpretation of the law of agency.


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Comments

  • Coupon-mad
    Coupon-mad Posts: 161,456 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 September 2022 at 2:08PM
    Second one! Easy peasy.

    The date of issue needs amending though!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Stanst
    Stanst Posts: 21 Forumite
    Third Anniversary 10 Posts Name Dropper
    Coupon-mad said:
    Second one! Easy peasy.

    The date of issue needs amending though!
    Thanks, I will edit the PCN, VRM & Date of Issue before uploading... Is there anything else I need to change in the text before sending, just to make it look different from the previous person who sent :smile: ?
  • Coupon-mad
    Coupon-mad Posts: 161,456 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No, we find that recognisable MSE templates are a good thing; PPCs are more likely to rush to cancel!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Stanst
    Stanst Posts: 21 Forumite
    Third Anniversary 10 Posts Name Dropper
    OK, will upload as PDF and let you lmow how I get on.
  • Coupon-mad
    Coupon-mad Posts: 161,456 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 September 2022 at 2:58PM
    You can't upload an appeal can you? Just pop it in the appeal reasons box.

    Be warned: look at recent posts by @bergkamp which suggest APCOA are apparently issuing ghost rejection letters that (mysteriously) caused more than one poster not to receive a POPLA code.

    To avoid such a scam, check the status of the PCN at least weekly on APCOA's website and read @bergkamp's posts about his BPA complaint.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Stanst
    Stanst Posts: 21 Forumite
    Third Anniversary 10 Posts Name Dropper
    You can't upload an appeal can you? Just pop it in the appeal reasons box.

    Be warned: look at recent posts by @bergkamp which suggest APCOA are apparently issuing ghost rejection letters that (mysteriously) caused more than one poster not to receive a POPLA code.

    To avoid such a scam, check the status of the PCN at least weekly on APCOA's website and read @bergkamp's posts about his BPA complaint.
    It give you 2 options:  either to Provide detailed description or Click 'Choose files' to upload up to 5 items of relevant supporting evidence (jpg, jpeg, png or pdf files only). To remove a file, click on the cross next to the thumbnail. Files can be up to 2Mb in size.

    In this case, I will take your advise and pop it in the appeal reason box.
  • Stanst
    Stanst Posts: 21 Forumite
    Third Anniversary 10 Posts Name Dropper
    My wife is the registered keeper and the one that got the PCN... when completing the contact details if I put down her name and postcode but my email address / mobile, would that be OK?  (She doesn't use email and wouldn't know what to say if they ever rang)
  • Coupon-mad
    Coupon-mad Posts: 161,456 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes to email address.

    NO phone number at all.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Stanst
    Stanst Posts: 21 Forumite
    Third Anniversary 10 Posts Name Dropper
    Yes to email address.

    NO phone number at all.
    OK, thanks
  • Umkomaas
    Umkomaas Posts: 44,400 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Stanst said:
    My wife is the registered keeper and the one that got the PCN... when completing the contact details if I put down her name and postcode but my email address / mobile, would that be OK?  (She doesn't use email and wouldn't know what to say if they ever rang)
    Yes, that's a good option - must be in your wife's name (the registered keeper against whom the charge has been raised), but using your email address (or even a throwaway Gmail/Hotmail address created for the purpose of dealing with this charge, or any others you/wife might occur in future) is fine. 

    I wouldn't be giving them any phone number, you don't need to be offering them the opportunity of calling you, or passing it on to any debt collector to call you. Be in control of this as far as possible, don't hand easy access to you to anyone in this sector. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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