Bristol Airport PCN -No return within 30mins- I'm Neurodivergent so trouble reading the signage!

Theatrepuss

Good afternoon Forumites!

Long time observer, first time poster so please be gentle.

The driver went to collect a friend and parked in the free 30mins parking zone at Bristol Airport. As her flight was delayed, just before the 30 mins was up the driver left the carpark so as not to over stay. After heading away from the airport to find somewhere else to wait, the driver got a message and headed back to the same carpark. Upon my arrival at the barrier, it was only then the driver was able to stop and read the sign that says no return with in 30 mins. The driver was lucky there was no one behind them, so they pulled away from the barrier and did not enter the car park and drove round to the pick up point, paid the fee and collected the friend. A few days later the registered keeper received in the post a PCN. Having done a bit of research on this amazing resource, I've discovered the PCN the driver received from Apcoa Parking has all the correct wording on it etc, e.g time/date, picture of the car (but not who was driving, as it was dark and the only thing that is clear is the reg number)... and the words " Breach of terms and conditions, no return within 30 minutes perm-----" the rest of the word is off the page, but I assume that is the end of the sentence.

My main issue is that the driver is dyslexic and can not possibly read any signage in a moving vehicle, so it wasn't until the driver was stopped at the barrier that they could read at the bottom of the sign about the no return. The APNR that the picture of the vehicle is taken from is on a post outside the carpark, before the barrier, so I cannot see that the parking company has incurred any loss of revenue as the driver didn't use the carpark?

If I'm honest I'd be very grateful for any help on this matter as I find it hard to sift through lots of text. We just don't have a spare £60 to throw away.

PCN was issued on 3rd October 2024.

Thank you in advance for any assistance you are able to give. 


 

LDast

Theatrepuss said:

Having done a bit of research on this amazing resource, I've discovered the PCN the driver received from Apcoa Parking has all the correct wording on it etc

Are you sure the PCN is from APCOA, not VCS?

Fruitcake

LDast said:

Theatrepuss said:

Having done a bit of research on this amazing resource, I've discovered the PCN the driver received from Apcoa Parking has all the correct wording on it etc

Are you sure the PCN is from APCOA, not VCS?

As far as I know, VCS only infest the roadways at the airport, not the car parks themselves. 

Fruitcake

Theatrepuss said:

Good afternoon Forumites!

Long time observer, first time poster so please be gentle.

The driver went to collect a friend and parked in the free 30mins parking zone at Bristol Airport. As her flight was delayed, just before the 30 mins was up the driver left the carpark so as not to over stay. After heading away from the airport to find somewhere else to wait, the driver got a message and headed back to the same carpark. Upon my arrival at the barrier, it was only then the driver was able to stop and read the sign that says no return with in 30 mins. The driver was lucky there was no one behind them, so they pulled away from the barrier and did not enter the car park and drove round to the pick up point, paid the fee and collected the friend. A few days later the registered keeper received in the post a PCN. Having done a bit of research on this amazing resource, I've discovered the PCN the driver received from Apcoa Parking has all the correct wording on it etc, e.g time/date, picture of the car (but not who was driving, as it was dark and the only thing that is clear is the reg number)... and the words " Breach of terms and conditions, no return within 30 minutes perm-----" the rest of the word is off the page, but I assume that is the end of the sentence.

My main issue is that the driver is dyslexic and can not possibly read any signage in a moving vehicle, so it wasn't until the driver was stopped at the barrier that they could read at the bottom of the sign about the no return. The APNR that the picture of the vehicle is taken from is on a post outside the carpark, before the barrier, so I cannot see that the parking company has incurred any loss of revenue as the driver didn't use the carpark?

If I'm honest I'd be very grateful for any help on this matter as I find it hard to sift through lots of text. We just don't have a spare £60 to throw away.

PCN was issued on 3rd October 2024.

Thank you in advance for any assistance you are able to give. 


 

If the NTK truly is from APCOA, then the registered keeper should appeal using the template in blue text found in the sticky Announcement for NEWBIES, exactly as written, but then add one line stating that since the Notice to Keeper does not comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012, the keeper cannot be held liable so APCOA should cancel now to save themselves money, and the embarrassment of losing at PoPLA.

Come back to this thread if that doesn't work to learn how to prepare a winning PoPLA appeal. The most important thing is not to reveal the driver's identity under any circumstances. The driver drove in and out of the car park, the registered keeper received a NTK.

Most important of all, do not worry about APCOA. They do not do court.

Coupon-mad

Just to reiterate for the OP to focus:

The most important thing is not to reveal the driver's identity under any circumstances.

Le_Kirk

Coupon-mad said:

Just to reiterate for the OP to focus:

The most important thing is not to reveal the driver's identity under any circumstances.

Theatrepuss said:

The driver went to collect a friend and parked in the free 30mins parking zone at Bristol Airport. As her [the friend's] flight was delayed, just before the 30 mins was up the driver left the carpark so as not to over stay. After heading away from the airport to find somewhere else to wait, the driver got a message and headed back to the same carpark. Upon my arrival at the barrier, it was only then the driver was able to stop and read the sign that says no return with in 30 mins. The driver was lucky there was no one behind them, so they pulled away from the barrier and did not enter the car park and drove round to the pick up point, paid the fee and collected the friend. A few days later the registered keeper received in the post a PCN. 

The story here is confusing and leads me to believe that the OP is the driver, it needs rewriting.  Could it be two people in the car, the driver and the writer of the post?

LDast

OP, as this is an APCOA PCN, you simply appeal as the KEEPER. Do not select any option on the website except "OTHER". Use the following wording for your appeal and don't change anything:

I am the registered keeper. APCOA cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, APCOA will be well aware that they cannot use the PoFA provisions because Bristol Airport is not 'relevant land'.

If Bristol Airport wanted to hold owners or keepers liable under Airport Bylaws, that would be within the landowner's gift and another matter entirely. However, 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 bylaws penalty that goes to the public purse) and APCOA has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. APCOA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

eskbanker

Le_Kirk said:

The story here is confusing and leads me to believe that the OP is the driver, it needs rewriting.

Also thread title v post body:

Theatrepuss said:

I'm Neurodivergent so trouble reading the signage

Theatrepuss said:

My main issue is that the driver is dyslexic and can not possibly read any signage in a moving vehicle, so it wasn't until the driver was stopped at the barrier that they could read at the bottom of the sign about the no return.

Theatrepuss

Thank you to all those that have taken the time to offer comments and advice so far.

Please let me set the record straight (sorry if I have confused anyone with what I have written, as I said I am Dyslexic) but I am not either the driver or the registered keeper of the vehicle. One or other of the keeper/the driver is also neurodivergent whom I am writing on behalf of. I hope that helps to clarify things Eskbanker. I'm happy to edit the title but am not sure how to do that...? I will try to find out and do it, as I said for some of us these things are not as easy as for others, I try to do my best.

Ldast: The parking charge creditor is APCOA Parking (UK)Ltd and it is asking for payments to be made to the website //pcnpayments.apcoa.co.uk or postal order or cheque to APCOA Parking (UK) Ltd Dingwall. The document is headed in large bold font PARKING CHARGE NOTICE.

The vehicle did not re-enter the carpark at any point.

Thanks again everyone. Much appreciated.

TP

eskbanker

Theatrepuss said:

Please let me set the record straight (sorry if I have confused anyone with what I have written, as I said I am Dyslexic) but I am not either the driver or the registered keeper of the vehicle. One or other of the keeper/the driver is also neurodivergent whom I am writing on behalf of. I hope that helps to clarify things Eskbanker.

Not really, to be honest, as the conditions seem to have moved between the people involved, but it's the registered keeper who needs to respond to the PCN, even if you're composing on their behalf - between the two or three of you, make sure that all the apparent inconsistencies and contradictions are ironed out....

Theatrepuss

LDast, Thank you. We have followed your very helpful instructions to the letter. I will keep you posted with the results. Thanks again to all those that have taken the time to reply to the post.