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johnny19999

APCOA PCN Luton Airport - **WON AT POPLA**

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Hi,

 

Hoping you can help with a PCN my father received at Luton airport,

 

The PCN was issued for dropping off in an undesignated area.

My father explains there was a length queue entering the dropping off area, so his passenger exited the vehicle prior to the zone.

 

 

He then drove through the zone and paid the required fee (£2.50).

My father is an OAP and did not realise this would be an issue.

 

 

I have appealed on his behalf (on 11 April 2017) using a template letter whilst not revealing the identity of the driver.

 

The appeal has been turned down (letter dated 15 May 2017) and is now asking for £80 or £48 (by 29th May).

 

I am unsure on appealing again and running the risk of having to pay the higher amount.

..or whether the matter is one which we should just ignore.

 

 

The appeal letter included a photo of the sign at Luton airport detailing

"No Stopping at any time to drop off or pick up. CCTV and number plate recognition in operation. Warning charge of £80. This is a private road."

 

 

My father may have seen this sign (I'm not sure), but it doesn't talk about designated areas. He went on and paid therefore felt there was no issue.

 

Any guidance on how to proceed would be apppreciated.

thanks

John

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Luton Airport is covered by byelaws, therefore it is not "relevant land" as far as the Protection of Freedoms Act 2012. APCOA hope that you don't know this wink.png

 

So, in short, what they're actually attempting to do is con you out of £80 or £48 if they manage to con you fast enough!

 

Take a look at this post on the Parking Pranksters blog. Although dealing with a different company, the principle is exactly the same.

 

As they cannot be (because of the byelaws and not being relevant land (despite what they may say on the NTK or in their letters)) relying on the POFA 2012, there can be no keeper liability. They can only issue a fine (not parking charge (remember the byelaws)) to the driver, and as no one has an obligation to name the driver, they are more than a little bit stuck.

 

I would recommend that you do appeal to POPLA (even if they decide against you, their decision is not binding on the motorist) APCOA should have given you a POPLA code (10 digits) in their letter rejecting your appeal.


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Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

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also, queueing is not stopping.

 

 

There are precedents for this,

stopping at traffic lights,

in stationary traffic etc so no breach occurred.

 

 

Look up the PATAS/londontribunal decisions and you will find some but not in ther key cases list

 

Get your father to demand a copy of the CCTV footage for his appeal to POPLA

and if they say no then he writes again and asks for it as a CPR 31.16 as it would be his intention to sue them for a breach of the DPA for unlawful processing of his data.

 

Highway code also allows passengers alighting under these circumstances as it is not stopping

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Thanks all for the advice.

 

I appealed to POPLA on 24th May and received a response today saying APCOA Parking do not wish to contest the appeal, hence the appeal is successful.

 

Delighted!!

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well done

 

 

 

 

 

 

 

 

 

 

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Please help.


..

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Thanks all for the advice.

 

I appealed to POPLA on 24th May and received a response today saying APCOA Parking do not wish to contest the appeal, hence the appeal is successful.

 

Delighted!!

 

Yeah, funny that tongue.png

 

Well done thumbup.gif


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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doesnt matter about the whys and wherefores, the result is what really matters and we will take them however they come

well done for having the gumption to go for it.

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