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PCN issued at Bham Airport by APCOA. Appeal rejected - won

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  • PCN issued at Bham Airport by APCOA. Appeal rejected - won

    Hi everyone. I know there are numerous posts relating to PCNs, but I haven't seen one relating to my issue.

    Briefly, I went to pick my niece up from Bham airport. She walked outside the car park to save me time and hassle, so I stopped to let her on. I got a PCN from APCOA with pics showing my car stopped. I refused to tell them who was driving. I appealed on the basis that £100/£50 was too much for my NOT having used the car park (£1 charge for 10 minutes), and that APCOA are not the police to issue "fines" for people stopped in a red zone. Also, I genuinely had not seen their notices, as initially I was intending to go into the car park, and when I saw my niece, I just quickly pulled over for her. They rejected my appeal so I made a POPLA appeal, in my own words as they suggested, NOT using a template from the web. In my POPLA appeal, I told them I was the driver. They forwarded my submission to APCOA who immediately cut and pasted the relevant sentence, gleefully confirming they now had details of the driver.

    I wonder if POPLA should have given this "privileged" info to APCOA. I have complained to them telling them they have breached my rights to an independent adjudication.

    As requested by POPLA I have further responded having seen APCOAs case file, but in essence my case is £100 is too much for the fact that I DIDN'T drive into their car park. Their actual loss was £1. I have offered them £15 to settle the matter (£1 for the NON-parking, plus a bit to cover admin costs), else I have told them I am willing to go to court to prove they are being punitive with the charge, and profiteering.

    Any advice anyone?? I can see this being rejected by POPLA since my car is clearly stopped on red lines on the roadside, and in their pics there is a notice 25-30 yards away (which I did not see).
    Tags: None

  • #2
    Re: PCN issued at Bham Airport by APCOA. Appeal rejected

    It's not privileged information. It's your appeal. To decide an appeal both sides need to be heard and given they respond to your appeal, they need to be told what it is.

    I doubt if you lose and still don't pay that they'd want to see the whites of a judges eyes for a byelaw case. Obviously i can't comment on the merits of an appeal that i haven't read but given you can't really change it that's where we are.

    M1

    Comment


    • #3
      Re: PCN issued at Bham Airport by APCOA. Appeal rejected

      Ok M1. Thanks for your comment. Fingers crossed.

      Comment


      • #4
        Re: PCN issued at Bham Airport by APCOA. Appeal rejected

        Hi Mystery1.

        Still not heard back from POPLA 4 weeks after submitting my appeal. They said they would respond within 7 days. Any thoughts?

        Comment


        • #5
          Re: PCN issued at Bham Airport by APCOA. Appeal rejected

          Possibly caught up in the suspension of all byelaw cases.

          Ask popla.

          M

          Comment


          • #6
            Re: PCN issued at Bham Airport by APCOA. Appeal rejected

            Originally posted by mystery1 View Post
            Possibly caught up in the suspension of all byelaw cases.

            Ask popla.

            M
            Hi Mystery1. Thanks...I've emailed them this morning. I'm intrigued by your mention of all bye-law cases being suspended. Please can you suggest a link where I might read more about this.

            Comment


            • #7
              Re: PCN issued at Bham Airport by APCOA. Appeal rejected

              http://popla.co.uk/

              Adjournment of cases involving Byelaws


              POPLA has decided to adjourn all cases on which the parking operator has asked the motorist to make a payment in respect of alleged breach of Byelaws. This is following complaints to POPLA and ISPA that POPLA has no authority to look at these appeals. We are considering our position and will make a further statement in due course. We do not anticipate the cases to be adjourned for more than two months from 1 September 2016. Parking operators should not pursue payment while the cases are adjourned. During this period, motorists must still submit their appeal within 28 days of the date of the POPLA code if they want POPLA to consider their appeal. If you have already submitted your appeal you do not need to take further action.

              M1

              Comment


              • #8
                Re: PCN issued at Bham Airport by APCOA. Appeal rejected

                Thanks M1.

                Comment


                • #9
                  Re: PCN issued at Bham Airport by APCOA. Appeal rejected

                  Hi M1. I wrote to POPLA to ask why they've taken longer than the 7 days they indicated it would take for their decision. I got a bland reply saying APCOA had been given 21 days to present their evidence and I had been given 7 days to comment on their file, and so due process had been followed, and I would get a decision in due course. I've written back saying I was aware of the 2 deadlines, which both preceded my submission of my comments on 7 September, at which point POPLA's 7 day commitment started, i.e. 4 weeks ago. I have suggested that the proper process has therefore NOT been followed, and I have asked them to clarify.

                  Comment


                  • #10
                    Re: PCN issued at Bham Airport by APCOA. Appeal rejected

                    Hi Mystery1. I've had an email from POPLA this morning admitting my case has been caught up in the adjournment of byelaws cases.

                    Comment


                    • #11
                      Re: PCN issued at Bham Airport by APCOA. Appeal rejected

                      Hi Mystery 1. SUCCESS!!!!!

                      I got a final decision from POPLA today, telling me I've been successful with my appeal. The wording of their judgement follows, in case it may be of help to others...

                      I note we have placed this appeal on hold because it appeared as though the circumstances of the appeal related to the issue of Byelaws. Having considered the evidence provided by both parties, it is clear that the operator has issued the charge for stopping/waiting in an area that does not allow for this type of activity. Furthermore, the operator has subsequently issued a parking charge for failing to adhere to the terms and conditions at the location. However, if no contract were formed, there would be no basis under which to seek payment of the charge from the motorist. As such, I must examine the signage in place at the location to establish if a contract has been formed between the operator and the appellant. Specifically, I note that the signage in place at the location simply states: “Restricted Zone No stopping at any time to drop off or pick up. WARNING ENFORCEMENT CHARGE OF £100”. From this, I acknowledge that the operator has made it clear that motorists should not “Restricted Zone No stopping at any time to drop off or pick up. WARNING ENFORCEMENT CHARGE OF £100”at the location. However, it is my belief that the wording used on the signage is a statement of the restrictions in place and does not amount to an offer of a contract with the motorist in question. Additionally, I have considered the signage in place at the location and note that this refers to an “enforcement charge”. I consider this to be a misrepresentation of authority in accordance with Section 14 of the BPA Code of Practice. Within this, it states as follows: “14.1 You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority”. 14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’.” From this it is clear that parking operators who are approved by the British Parking Association should not misrepresent its authority to the public. Having considered the use of the phrase “enforcement charge”, it is my belief that motorists could mistakenly believe that the parking operator is carrying our enforcement work “under the statutory powers of the police or any other public authority”. From this, I can only conclude that the operator has failed to adhere to the minimum requirements of the BPA Code of Practice also. As I am not satisfied that the appellant entered into a contract with the operator, I can only conclude that the operator has failed to provide sufficient evidence to POPLA to document that it issued this PCN correctly.

                      Comment


                      • #12
                        Re: PCN issued at Bham Airport by APCOA. Appeal rejected

                        Those are reasons i've never seen accepted before. Lovely jubbly.

                        M1

                        Comment


                        • #13
                          Re: PCN issued at Bham Airport by APCOA. Appeal rejected - won

                          Is this ilegal trying to obtain money where they have no legal right to do so?

                          Comment

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