Birmingham airport pcn

Coupon-mad

Yay! Nicely done.

culliculli

Umkomaas said:

Send the appeal. APCOA will cancel. 

Thanks for all the tips - I did identify as the driver unfortunately, any chance I can still challenge it?

Coupon-mad

culliculli said:

Umkomaas said:

Send the appeal. APCOA will cancel. 

Thanks for all the tips - I did identify as the driver unfortunately, any chance I can still challenge it?

Why did you do that?!

Obviously nobody has to pay APCOA anyway. You know that from reading APCOA threads.

  

andymac10

FunnyFakingSexDirt said:

Good Morning all, 
I received an APCOA PCN earlier this week after having a similar issue with the OP from this thread (Pick up at zebra crossing at BHX), and after skimming through this forum, I followed advice (mainly from @Coupon-mad) to appeal using the template which can be found in the LHR/LGW Apcoa group thread.

I sent my appeal without clicking anything, and it has been rejected.

I removed point 5 as it was not relevant. This is what I sent:

I appeal as keeper. I am not obliged to identify the driver and I decline to do so. 

1. You are unable to transfer liability to the keeper pursuant to Schedule 4 to the the Protection of Freedoms Act 2012 ('POFA') because airport drop off zones are not ‘relevant land’ as defined in POFA. 

2. Even if (which is not the case) the land in question is relevant land your notice does not conform to the requirements set out in POFA paragraphs 9(2)(e) and (f). 

Furthermore, as keeper I am entitled to all the defences available to the driver including (without limitation) the following:

3. The parking charge is not notified until after the contract is entered into and under the principles set out by the Court of Appeal in Thornton v Shoe Lane Parking, does not form part of the contract between the driver and APCOA; 

4. The signage is not compliant with the BPA Code of Practice.

This quote was taken from their reply to my appeal:

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. Therefore, you now have the option to pay the Parking Charge Notice OR make an appeal to POPLA – The Independent Appeals Service. You cannot do both.

If I am honest, after reading the forums, I expected it to be a successful appeal.

 Am I still likely to win an appeal through POPLA, or do I just take the loss?

Hi, I just received a ticket and expecting a second. What do you think went wrong with your first appeal? I'm just worried I'll have to pay the full amount 

Coupon-mad

But nobody pays. I don't get why people think this?