PNC at Luton airport no stopping zone

[minde]

Hi,

I was wondering if anyone could advised. My car was caught stopped at the bus stop near Luton airport while dropping someone there. There is a no stop no waiting zone there. I have appealed the ticket using "Paragraph 9 - 5: The relevant period for the purposes of sub-paragraph (4) is the period of 14 days". As it took over 41 days to receive it. However, I have received their rejection letter saying that they do not seek payment under POFA.
I have attached the pictures from initial letter, my appeal and their response.
I would be grateful if you could advise on this.

[ostell]

I can't read .odt files on my tablet. Try .jpg or pdf. Hope you haven't identified the driver.

Managed to read them on the desktop. As it is a hire car then the 14 days don't apply. The signs are incapable of forming a contract for parking, indeed they are forbidding. Therefore is there is no contract then there can be no charge that could have been agreed. The only person liable is the driver at the time and you have no responsibility to identify said driver.

[ploddertom]

Surely if this land is covered by ByeLaws then this is something that should be done via the Magistrates Court but if so then APCOA lose out.

[ostell]

Yes it is covered by byelaws but, as was said, they get nothing if goes to court. They are just hoping that the keeper doesn't know the difference.

Carry on a conversation with them querying their decision and why they think the keeper is liable, one question at a time, to get up to 6 months so that there can be no magistrates court.

[minde]

Yes it is covered by byelaws but, as was said, they get nothing if goes to court. They are just hoping that the keeper doesn't know the difference.

Carry on a conversation with them querying their decision and why they think the keeper is liable, one question at a time, to get up to 6 months so that there can be no magistrates court.

Their letter said that I cannot appeal to them anymore. Maybe I should just go directly to POPLA and appeal it? I have missed my two week deadline for a smaller fine anyway, so I guess I would not loose out.

[ostell]

If you have a POPLA code then use it but as late as possible. POPLA will probably not hear it as it is byelaws. For POPLA add in the fact that it is a hire car and as the keeper hirer you did not receive the additional documents required by POFA 14 (2) (a) and therefore they have failed on keeper liability

[minde]

If you have a POPLA code then use it but as late as possible. POPLA will probably not hear it as it is byelaws. For POPLA add in the fact that it is a hire car and as the keeper hirer you did not receive the additional documents required by POFA 14 (2) (a) and therefore they have failed on keeper liability

I was typing my letter for POPLA, but got a bit confused. I was going to say as the area is cover by the bylaws than POFA does not appply, but you are saying I should use POFA 14(2)(a). Can I use that if there bylaws? Am I referring to these documents as not received under POFA 14(2)(a)

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

[ostell]

Yes, you say POFA does not apply as it is not relevant land but you can add that even if it were relevant land then they have failed with 14(2)(a), with a list of docs requried, and would not be able to hold the keeper liable. Add in any other fails into the list.

Throw everything at POPLA