Parking Charge Notice at Luton Airport

G1ll1anJ

Hello 

I am a "Newbie" and I have spent a lot of time trying to find up to date information on scenarios similar to my own. I even discussed with the Citizens Advice today and they do not think I will be successful with a formal appeal! This is because my appeal sits on "Mitigating Circumstances", and I was told "that is not enough on its own merits, and I would be deemed to have been in control of the circumstances".

I received a PCN from APCOA for the alleged contravention of Failing to park in a designated parking area at London Luton Airport Opposite Mid-Term Car Park. Basically, I pulled into a bus layby at 04:53 on 21/09/2022 to let my daughter out and was there for less than a minute and APCOA have photographic and video evidence.

A bit of background: 
My daughter resides and studies in Spain and had been home for the summer. Less than 2 weeks earlier we had suffered the unexpected bereavement of her father and my ex-husband. Leading up to this time, he was in ICU and on life support, which was sudden. Since he passed away, home life has been exhausting, and we had spent time trying to sort his affairs and clear his flat before she returned home. We were all over the place, mentally.

On the morning in question, it was extremely stressful. At around 04:30, my daughter realised that she had forgotten to check-in for her Ryanair flight; this has to be done online and she had just missed doing this by minutes. She was in a panic, and we tried to contact Ryanair by telephone, but the lines were closed. We therefore made our way to Luton Airport. The flight was scheduled to depart at 06:25. She needed to make that flight for further connecting travel. I usually park in the Mid-Term Car Park (as you are allowed 15 minutes free), but she just wanted to exit the car in haste and rush straight to the check-in desk, so I let her out at the bus stop. I didn't see any signs and it was dark. I now know it is apparently a Red Route, so I made a costly mistake that I have not denied. 

I wrote a letter of appeal to APCOA, explained the above in more detail and that I had not seen any signs. They have since replied telling me I was unsuccessful. They cited "...your vehicle was pictured in breach of the following terms set by Luton Airport: Failing to park in a designated parking area."

"All restricted areas are signposted and clearly state that no stopping is allowed at any time to drop off, pick up or for any other reason. CCTV monitoring is in operation. Motorists found to be using the airport roads in contravention of this restriction will be liable for a parking charge notice. There is a chargeable drop off zone in place at Luton Airport and free parking is available at the Mid Term car park for up to 15 minutes. This was introduced to reduce congestion, improve safety and maintain the flow of traffic on the approach roads and terminal areas of the airport."

They go on to say about it being a Red Route with clearly marked signage throughout the airport. Looking on Streetview, I can see there is a very small sign, which would require one to exit their vehicle to read it!

They have also said I can formally appeal to POPLA, but having looked at POPLA's website, they state "we cannot allow an appeal due to mitigating circumstances alone." My case seems hopeless. 

Any advice would be greatly appreciated, and apologies for the long post.

Coupon-mad

I even discussed with the Citizens Advice today and they do not think I will be successful with a formal appeal!

Hahahahahahahahahahahahahahahahahahahaha!!!!!

SORRY.  CAB are worse than useless when it comes to private parking.  Really appalling.

Read the NEWBIES thread.

Search for ANY other APCOA threads and read at least ten.

100% guaranteed win, as long as you HAVE NOT ruined it already, by appealing as the driver talking all about what happened.  I really hope you didn't.

You will learn about what the CAB missed.  OMG they are terrible and cost people money.

When you win by appealing as the registered keeper (not saying who was driving) please tell CAB what the correct advice was...



EDIT: OH NO:

" I wrote a letter of appeal to APCOA, explained the above in more detail and that I had not seen any signs. They have since replied telling me I was unsuccessful."


This is so disappointing.  Such an easy win awaited you as Keeper..

Just ignore APCOA then.  Nothing will happen.  No court, nothing.  Literally nothing. It will time out after just 6 months.

Don't compound the error by paying.

Please come here first next time!

G1ll1anJ

It’s a shame I didn’t know about this forum before I appealed. So am I correct in saying no point in lodging a formal appeal with POPLA then? 

I’ve read quite a few posts and these have been successful, but they quoted byelaws etc. 
I’m scared of it ending up in Court.

G1ll1anJ

This is their ridiculous signage!

Coupon-mad

Hilarious! That is not facing oncoming traffic. You'd have to stop to read it!

Also looks like a yellow line, not double reds?  Not a red route at all?

Honestly, the CAB should be utterly ashamed of their useless understanding of private parking.  Your case is not about mitigation. It's about non-compliant signs and lines.

You can have a pop at a POPLA appeal to while away the time and get closer to the 6 months. If you lose just ignore APCOA.

You might win if you put in pics like that, only they need to be a bit better and show the lines too.

Can you share a Google Streetview link?

I’m scared of it ending up in Court.

It can't. It won't. This is a pseudo penalty but not a real penalty.

You'd be the first, because APCOA sue no-one.  Don't tell us the CAB advisor had no idea about that and the fact this one times out after 6 months?

G1ll1anJ

I have tried to post the Google Street View link, but it appears I am too new to post links, at present.

However, the bus lay-by is yellow with a single line. It is in this section that I stopped for less than a minute. The road each end of the lay-by has double red lines, indicating it is a red-route, but I did not stop on these lines.

It was evident that the CAB person had no clue in matters such as this. He was searching and reading aloud what he had found. He didn’t sound too sure at first.

Grizebeck

@Coupon-mad not a byelaws "offence"
You wont end up in court so no reason to be scared
Ignore debt recovery plus letters

I hate luton/luton airport. Godforsaken place

Trainerman

Grizebeck said

I hate luton/luton airport. Godforsaken place

Ain't that the truth !!

G1ll1anJ

Thanks everyone, I realise I have fluffed it a bit by admitting I was the driver (completely ignorant of these things), but after lots of bedtime reading of these forums, I'm learning a lot! It seems the general consensus on my situation is just to ignore anything further. I was going to appeal to POPLA re the poor signage and fact that I was not on any red lines. Should I bother?

Grizebeck

G1ll1anJ said:

Thanks everyone, I realise I have fluffed it a bit by admitting I was the driver (completely ignorant of these things), but after lots of bedtime reading of these forums, I'm learning a lot! It seems the general consensus on my situation is just to ignore anything further. I was going to appeal to POPLA re the poor signage and fact that I was not on any red lines. Should I bother?

Give it a go if you wish it wont do any harm either way

Coupon-mad

I already said above that you should have a pop at it and I explained what to say specifically (in addition to the POPLA template points in the NEWBIES thread).

Obviously (given what you know, that this one times out after 6 months because they call it a 'penalty charge' not a parking charge - am I right?) you won't be putting in the POPLA appeal until day 32.

No need for us to explain why to do it on the last day, and please don't reply quoting the POPLA website & telling us POPLA Codes are only valid for 28 days (because they aren't).