APCOA Heathrow T5 Reply - Help Needed

bikerphil86

Hi, I am new to this but I used the blue template for responding to a parking charge from APCOA Heathrow T5 and they have sent this response back... what should my next move be? 

Thank you for your recent correspondence in relation to the above-mentioned Parking Charge Notice.

Parking Charge Notice ****** was issued to the registered keeper with the DVLA. It is stated on the reverse of the

Parking Charge Notice “If you were not the driver of the vehicle at the specified time, please provide us with the name of the

driver and their current serviceable address and pass this notice onto them.”

We now invite you to provide us with driver details within 14 days of the date of this letter.

Please send the correct information with full name, address and PCN number within 14 days of the date of this letter to:

appealevidence.dw@apcoa.com

Please note that this is a ‘No Reply’ email box, so after you receive a confirmation response from us, please don’t reply to

the email – we won’t get your response.

Your evidence must reach us within 14 days of the date on this response. If this is not received, we will make a decision

regarding your appeal based on the evidence we hold at that time.

When submitting further evidence to us, it is imperative that you include your VRN number & PCN number as

reference.

Without this information we cannot allocate this evidence against your PCN and we will not be able to advise on the

outcome of your appeal.

Alternatively, you can post you evidence to the address below:

APCOA Customer Support Centre, DRPL, PO Box 230, Manchester, M34 0DW.

In response to other points raised in your letter:

A contractual agreement is entered into with APCOA Parking when the vehicle enters the Heathrow terminal drop off zone,

this includes the incorporation of the terms and conditions displayed on the signage located around the drop off zone into

the contract. Those terms and conditions include incurring a Parking Charge Notice for failing to make payment of the

terminal drop off charge within the 48-hour payment window. The requirement to pay the drop off charge is already in place

when the vehicle enters the Heathrow terminal drop off zone. There is no obligation to drop off in the drop off zone should

the terms and conditions of the drop off zone not be accepted, however those terms are accepted and agreed to once the

vehicle has entered the zone.

The lawful basis for our processing of your vehicle registration data is based on it being necessary to perform our contract

with you permitting the use of a vehicle at Heathrow Airport for use of the forecourt. The Terms and Conditions are set out on

the signage located around the site and online: www.heathrow.com/terms-and-conditions/terminal-drop-off-charge-terms-

and-conditions.

Within the Terms and Conditions under section 6.4 which states, when you enter a terminal drop-off zone, your vehicle

registration details will be identified by Automatic Number Plate Recognition (ANPR) for enforcement purposes. In the event

of a breach these Terms and Conditions, we may use the vehicle registration details to request and obtain details of the

vehicle’s registered keeper from the DVLA.

Signage displaying the terms and conditions of the Heathrow drop off zone has been installed in clear and prominent

positions. It is the duty of the motorist to check for and review these terms and conditions when deciding to enter the

zone. Signage that notifies the driver that the Drop Off Charge is payable by phone or online is clearly displayed along the

approach roads to the Terminal Drop Off Zones. The larger signage on the approach roads, and on each terminal forecourt

entry and exit complies with the Traffic Signs Regulations and General Directions legislation. The smaller pricing signs and

terms and conditions signs within the forecourt comply with the British Parking Association standards. It does state payment

must be made via Heathrow Drop-Off (apcoa.com) or through the automated pay by phone line 0330 008 5600.

As a member of the BPA’s approved operator scheme, the PCN has been issued in accordance with the BPA Code of

Practice. The British Parking Association (BPA) monitors how operators treat motorists and has its own Code of Practice

setting out the criteria operators must meet. It states in section 20.3 of the Code of Practice: “If the driver breaks the contract,

for example by not paying the tariff fee or by staying longer than the time paid for, or if they trespass on your land, they may

be liable for parking charges.

Both APCOA and the landowners have a legitimate interest in charging motorists who contravene parking restrictions,

which extend beyond the recovery of any loss. The interest of the landowners is provision and efficient management of

parking. The interest of APCOA is income from the charge, which meet the running costs of a legitimate scheme plus a profit

margin. Signage within the Terminal Drop-off zone state that £5.00 payment per visit is required – a Parking Charge Notice

(PCN) will be issued for failure to pay or comply with the terms and conditions. Payment must be made by midnight on the

day after the visit.

In accordance with sections 7.1 to 7.4 of the British Parking Association Code of Practice, we can confirm that APCOA

Parking UK Ltd is authorised to carry out parking enforcement for breaches of the advertised terms and conditions, and

pursuit of unpaid parking charges. The contract in place with the landowner gives APCOA Parking UK Ltd the authority to

take legal action on any outstanding parking charges.

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.

We must advise that the lawful basis we have for processing your data is legitimate interest on behalf of our client Heathrow

Airport Ltd to pursue an unpaid parking charge. Your details were obtained from the DVLA under a reasonable cause

request. We refer to section 6.4 of the terms and conditions that in the event of a breach of the terms and conditions section,

we may use the vehicle registration details to request and obtain details of the vehicle’s registered keeper from the DVLA.

Yours sincerely,

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

Coupon-mad

Same as my reply on your other thread.

Dead easy!  But you've already appealed. Did you say or tick that you were driving? Hope not.

So they are 'inviting' you to name the driver, BUT in their final sentence, they are making appeal outcomes / POPLA Codes conditional on that:

"We now invite you to provide us with driver details within 14 days of the date of this letter. Please send the correct information with full name, address and PCN number within 14 days of the date of this letter to:

appealevidence.dw@apcoa.com

Your evidence must reach us within 14 days of the date on this response. If this is not received, we will make a decision regarding your appeal based on the evidence we hold at that time. When submitting further evidence to us, it is imperative that you include your VRN number & PCN number as reference.

Without this information we cannot allocate this evidence against your PCN and we will not be able to advise on the outcome of your appeal."

OBVIOUSLY DON'T!

Wait & see if they then reject your appeal in December and give you a POPLA Code.

If they don't, do a complaint to the BPA!

KeithP

Ignore it and wait patiently for your appeal rejection letter.
Then refer to the third post on the NEWBIES thread to create a winning PoPLA appeal.

bikerphil86

Thanks Coupon-mad & KeithP... nope didnt tick anything. 

KeithP, do you have the direct link to that thread you mention? 

KeithP

bikerphil86 said:

KeithP, do you have the direct link to that thread you mention? 

Read the signature under any of Coupon-mad's posts.

Le_Kirk

....... or check out the front page of the forum where you will find some announcements,  one of which is entitled NEWBIE please read this first.

UncleThomasCobley

You can wait for the appeal rejection and then do your POPLA appeal or you could respond by email with the following which will get it cancelled sooner:

Dear APCOA

Re: PCN XXXXXXXX

Your PCN cannot hold me, the registered keeper, liable as you cannot rely on PoFA 2012 as this was on non-relevant land covered by bylaws and I am under no legal obligation to name the driver. So cancel this PCN or pay your fee to POPLA for a code where this will be cancelled anyway but at a cost to you.