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Parking ticket from APCOA at Luton Airport
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Yoooz
Posts: 23 Forumite
Hi everyone,
I've just received a PCN from APCOA for alleged contravention of dropping off or picking up outside designated areas on the approach to Luton Airport.
I've gone through the newbies thread and found a lot of useful information on how to and on what grounds to appeal the PCN but none of the cases was the same as mine.
Someone has dropped a friend to the airport. On the approach, before the tunnel (if anyone is familiar with the area), which is about 300-400 yards from the airport there was a stationary traffic and they were queuing there for a a couple of minutes when my friend decided to get off the car and walk as it would take at least another 20-30 mins in that queue to get to the drop off area and he could have missed the flight. I was shocked to receive this PCN as the keeper of the vehicle as from what I know they have not purposely stopped or park the car in the lay bay to drop him off. It was only because of the traffic and they were behind a number of cars on the main road.
The pictures show no more than my car queuing in the stationery traffic. I found the road signs from that road on google maps, that tells you not to stop to drop people off, but how could they not stop when there's a stationery traffic ahead of them? Isn't that a breach of human rights when they not allowing anyone out of the car when on the road? Their point might have been valid if the car was actually in their car park or on the side of the road but in a queue?
Also another thing worth mentioning is the date this occurred: 30/03, notice issued 13/04, I received it 14/04. Not sure if there's a ground to appeal as I received it on 15th day but it was issued on 14th day so does POFA 2012 apply in this scenario as the PCN hasn't arrived by day 14?
They wrote ''as we don't know the name of the driver we request that you either pay the full amount outstanding or if you were not the driver at the time provide us with the name and their address and pass this notice onto them''.
In the newbies thread it says ''If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket''. Is that what the case? as they haven't mentioned POFA 2012, which leads me to think that I could apply this hint:
''Some firms (e.g. Civil Enforcement, Highview, Smart Parking and some small PPCs) don't even bother with POFA 2012 wording so the keeper is not liable if you point that out to POPLA.
On the signs it says ''private road'' so not sure if I could use the bylaws ground in the appeal.
They have not included the contract/permission from the landlord though.
I would be really grateful if anyone could help me with this.
I tried posting links to the pictures of the PCN and the road signs but as a new user can't do that.
Many thanks in advance for any help
I've just received a PCN from APCOA for alleged contravention of dropping off or picking up outside designated areas on the approach to Luton Airport.
I've gone through the newbies thread and found a lot of useful information on how to and on what grounds to appeal the PCN but none of the cases was the same as mine.
Someone has dropped a friend to the airport. On the approach, before the tunnel (if anyone is familiar with the area), which is about 300-400 yards from the airport there was a stationary traffic and they were queuing there for a a couple of minutes when my friend decided to get off the car and walk as it would take at least another 20-30 mins in that queue to get to the drop off area and he could have missed the flight. I was shocked to receive this PCN as the keeper of the vehicle as from what I know they have not purposely stopped or park the car in the lay bay to drop him off. It was only because of the traffic and they were behind a number of cars on the main road.
The pictures show no more than my car queuing in the stationery traffic. I found the road signs from that road on google maps, that tells you not to stop to drop people off, but how could they not stop when there's a stationery traffic ahead of them? Isn't that a breach of human rights when they not allowing anyone out of the car when on the road? Their point might have been valid if the car was actually in their car park or on the side of the road but in a queue?
Also another thing worth mentioning is the date this occurred: 30/03, notice issued 13/04, I received it 14/04. Not sure if there's a ground to appeal as I received it on 15th day but it was issued on 14th day so does POFA 2012 apply in this scenario as the PCN hasn't arrived by day 14?
They wrote ''as we don't know the name of the driver we request that you either pay the full amount outstanding or if you were not the driver at the time provide us with the name and their address and pass this notice onto them''.
In the newbies thread it says ''If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket''. Is that what the case? as they haven't mentioned POFA 2012, which leads me to think that I could apply this hint:
''Some firms (e.g. Civil Enforcement, Highview, Smart Parking and some small PPCs) don't even bother with POFA 2012 wording so the keeper is not liable if you point that out to POPLA.
On the signs it says ''private road'' so not sure if I could use the bylaws ground in the appeal.
They have not included the contract/permission from the landlord though.
I would be really grateful if anyone could help me with this.
I tried posting links to the pictures of the PCN and the road signs but as a new user can't do that.
Many thanks in advance for any help
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Comments
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Hi Quentin,
Sorry if I've done something wrong but I'm not very good when it comes to forums and posts/threads.
In the FAQ it says: ''PLEASE ONLY START A NEW THREAD IF YOUR QUESTION IS NOT ANSWERED HERE'' and I really read through number of posts and threads for 2.5 hrs today but could not find the answer to my main question, which is: can I get a PCN because someone let people out of my car when queuing in the stationery traffic on the road?
I have indeed found a lot of answers to other questions I initially had and want to say a big thank you to all those that posted all that information in this forum.
I got a PCN appeal nearly ready in my head, just needed a clarification with couple of thins.0 -
You got one! So you know the answer to your questioncould not find the answer to my main question, which is: can I get a PCN for letting people out of the car when queuing in the stationery traffic on the road? ..........
I got a PCN appeal nearly ready in my head, just needed a clarification with couple of thins.
Why aren't you using the appeal template in the FAQ?0 -
Haha. That was good:) I answered my own question:):) It should have read Is it legal rather than can I.
I will use the template then and see what their reply to that is.
Thanks0 -
it will be a refusal and a popla code, so read up on that stage next, plus read recent similar threads about APCOA, ESPECIALLY ones with POPLA APPEALS in them
its not relevant land so POFA2012 does not apply and never did apply0 -
What was the exact contravention claimed on the notice, i.e. the precise wording? Do not precis or reword, just type it letter for letter (apologies if this sounds patronising, but so many just can't help themselves but embellish re-interpret what the notice says).
The signs, I believe, talk about No Stopping (not that you can read them), not about not dropping off.0 -
I'll read through the POPLA appeal posts next. Thank you
It is ''for the alleged contravention of dropping off or picking up outside of designated areas at London Luton Airport Central Terminal Area''.0 -
If the car was stopped in a traffic jam, then passengers have every right to get out and walk, how could a driver prevent them, especially if, by not doing so, they could miss a flight.
If this went in front of a judge it would be thrown out sharpish imo. It is neither dropping off, stopping, nor parking. The PPC is displaying a total lack of common sense, perhaps trying to claim for a penalty. Personally, I would complain to the airline, the CAA, your local paper, Facebook, and Trading Standard. .
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
Hospital car parks and residential complex tickets have been especially mentioned.
The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.You never know how far you can go until you go too far.0 -
I have had passengers get out when I am stopped at a zebra crossing, what can you do if they say I will get out here and open the door.
no tickets yet.
But I am half expecting one from dropping someone off at a train station and realised it was a taxi rank when they was halfway out of the car,
worn out markings, tiny writing on the sign, you guys know the score,
I won't name the station but will let you know if if I do get a ticket.:p0 -
A NTK dated, (Friday), 13th April will be deemed to have arrived two working days later... so on (Tuesday) 17th April, which is day 18 and too late for POFA even if it was relevant land.
Also another thing worth mentioning is the date this occurred: 30/03, notice issued 13/04, I received it 14/04. Not sure if there's a ground to appeal as I received it on 15th day but it was issued on 14th day so does POFA 2012 apply in this scenario as the PCN hasn't arrived by day 14?0
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