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APCOA Parking - Birmingham Airport
Tripledrop
post Sun, 13 May 2018 - 17:21
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Hi all,

I wonder if anyone would be kind enough to offer any advise on the attached?

My friend's wife managed to stop at an apparent no-stopping area at Birmingham Airport whilst dropping someone off.

Anything that could be done do you think?

Thanks in advance
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post Sun, 13 May 2018 - 17:21
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ManxRed
post Sun, 13 May 2018 - 17:39
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Stopping in a no-stopping zone is not something the driver could agree to form a contract for, it is a prohibited action (no stopping). To contract with someone to do something that is prohibited is a nonsense.

No contract = no breach = no charge for a breach.

They cannot hold the registered keeper responsible and are not attempting to do so. You are under no obligation to name the driver.

A simple letter stating that they take the matter up with the driver, who you are under no obligation to name.


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The Rookie
post Mon, 14 May 2018 - 05:35
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Besides the signage at BHX is completely incapable of creating a contract, also as byelaws apply there is no keeper liability, so any appeal MUST be as keeper and MUST NOT divulge the drivers identity in any way.

There is another recent APCOA BHX thread, have a read.
http://forums.pepipoo.com/index.php?showto...pcoa+birmingham


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Redivi
post Mon, 14 May 2018 - 07:14
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That's a notorious honeypot

It's a set-down for the hotel so the APCOA operative watches to see which direction the passenger goes

IIRC there's a tiny APCOA sign at one end of the layby and some small no-stopping signs on the other side of the road that don't mention the company
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Tripledrop
post Thu, 17 May 2018 - 18:37
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Thanks for the input guys.. Could the response be as simple as the below, or do I need to write more?

To Whom it may concern,


I am responding to the parking charge notice XXXXXXXXX for vehicle XXXX XXX.

Unfortunately I am unaware of who was driving the vehicle on the 23/03/18 at 08:23. Please take this up with the driver of the vehicle at the time.


Regards,


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nosferatu1001
post Fri, 18 May 2018 - 08:38
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Perhaps add "as you cannot hold me, the keeper, liable for this alleged debt, you must not contact me further. Any further contact will be treated as harassment, with Ferguson v British Gas damages due.
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Tripledrop
post Sat, 19 May 2018 - 13:38
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Thanks for the advice.. Seems I'm going to have to write to them as it appears you can't email
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Sheffield Dave
post Sat, 19 May 2018 - 14:08
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If It can be stated truthfully, I would add "I was not the driver. Unfortunately....".
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Tripledrop
post Sun, 20 May 2018 - 21:52
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Thanks, letter posted, wish her luck!
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nosferatu1001
post Mon, 21 May 2018 - 07:42
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First class, free proof opf posting obvtained? Please say you got proof of posting, it mmakes it much easier for you!
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Tripledrop
post Tue, 22 May 2018 - 17:47
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Indeed she did, thanks smile.gif
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Tripledrop
post Tue, 12 Jun 2018 - 16:30
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Hi All,

See response from the letter sent stating no knowledge of the driver of the vehicle.

Does anyone have any ideas of what to go back with?
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Jlc
post Tue, 12 Jun 2018 - 16:40
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Go back and note that without complying with the protection of freedoms act there is no keeper liability. Also note they seem to have forgotten to supply a POPLA code for your appeal. Either cancel the charge for which you have no liability or provide a POPLA code where they can pay to be told to cancel it. Note that non compliance would be reported as a breach of the BPA’s code of practice and potentially misuse of personal information if they are misrepresenting their legal position that would be reported to the ICO and DVLA. Note the level of fines from GDPR if they continue to process your information without cause.

I would be so blunt. They are trying it on.


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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SchoolRunMum
post Tue, 12 Jun 2018 - 17:07
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Not even sure it needs a reply. They acknowledge the appeal letter, and have said nothing really.
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Jlc
post Tue, 12 Jun 2018 - 17:25
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True, I prefer going on the offensive, especially when dealing with such incompetence. You are liable! Rubbish!!!


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Tripledrop
post Sat, 16 Jun 2018 - 08:34
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My friend has decided to go back due to the fact his wife probably would not hold up under final demands etc. and he doesn't want her to pay the fine. Below is a letter he constructed can you advise if you think any ammendments are needed?


Parking Charge Notice no:

Vehicle Registration:



Dear Sir / Madam,

In Response to your letter dated 06th June 2018

You appear to have not supplied a POPLA code for the appeal. Based on this you should cancel this charge to which I have no liability immediately or provide a POPLA code at cost to you.

Failure to comply with this request will be reported as a breach of the BPA’s code of practice

Please also note the two levels of GDPR fines:

- Up to 10 million Euros or 2% of the company’s global annual turnover of the previous financial year, whichever is higher

- Up to 20 million Euros or 4% of the company’s global annual turnover of the previous financial year, whichever is higher.

By Processing my information without cause you open yourselves up to a GDPR complaint which could result in one of the above fines.

Regards,










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Redivi
post Sat, 16 Jun 2018 - 09:18
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I have no confidence that the ICO will regard continued processing of the data as in breach of the GDPR

I therefore wouldn't go down this route with what are, in reality, empty threats

I suggest instead :

Dear Sir

Ref ****

I note your letter dated **** regarding your assertion that, as the hirer, I am liable for the charge

I have inspected the paragraphs in the Protection of Freedoms Act regarding both hire vehicles and the definition of "Relevant land"
They do not support your assertion

Please continue to process my appeal including the provision of the POPLA code if it is not accepted

Please ensure that, if not successful, your rejection letter includes the details of the specific legislation and paragraph that you claim to enable the recovery of payment from anyone other than the driver of the vehicle
If these are not provided I will draw the obvious conclusion that there is none and your letter was a deliberate attempt to mislead me regarding my legal position
I refer you to the BPA Code of Practice Para 2.15 regarding land subject to byelaws, and 9.2 regarding honesty and fairness

Yours Faithfully

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Tripledrop
post Sat, 16 Jun 2018 - 11:21
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Thanks for this I am going to use this to send back to them I will make sure it is sent with proof of postage again and let you know the outcome smile.gif
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Tripledrop
post Thu, 12 Jul 2018 - 09:32
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Hi,

See response given by the parking company from the appeal.

They have now provided a POPLA code is there anything further I can do here?

Thanks for all your help on this.
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nosferatu1001
post Thu, 12 Jul 2018 - 10:21
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Well yes

Did you notice they are now claiming the POFA doesnt apply here, a complete about face and change of mind?

So you appeal to POPLA AS HIRER and point out they have now finally admitted the ticket isnt POFA relevant, therefore you as HIRER cannot be liable.
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