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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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Tripledrop
post Fri, 13 Jul 2018 - 16:41
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How do I go about appealing to POPLA?

Is there anything I should say in particular?
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Redivi
post Fri, 13 Jul 2018 - 16:57
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If you search the threads you can probably find some example appeals for this layby

As well as the POFA failing, concentrate on the signs
Use Streetview photos as evidence

Point out that the only sign in the layby is at the far end

I've used this as part of a successful appeal for a driver that stopped on the road before the layby

No contract with the driver – Inadequate signs

The Parking Notice states that it was issued for a breach of the terms and conditions of use (of the Airport Road infrastructure). A driver cannot breach the terms and conditions of a contract that does not exist. The signage at the location simply states “No stopping at any time to drop off or pick up…Warning enforcement charge of £100.” The wording is a statement of the restrictions in place and does not amount to an offer of a contract with the motorist. Furthermore, it makes no mention of APCOA. The driver cannot possibly have entered into any contract with the Operator. It is in any case legal nonsense that a motorist can agree a contract to do what is forbidden.

The sign illustrated in the rejection letter does mention APCOA. The Operator has, however, helpfully provided a photograph showing that it is located in an adjacent car park, not on the road where the vehicle stopped.

The Operator has misrepresented its authority

The sign refers to an “enforcement charge”. The rejection letter states that “red routes are in operation around the airport site”. This is a misrepresentation of authority as defined in the BPA Code of Practice Section 14 which states :

14.1 You must not misrepresent to the public that your parking control and enforcement 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.

The phrases “enforcement charge” and “red routes in operation” can lead motorists to believe that the enforcement work is carried out under statutory authority. The Operator has therefore failed to comply with the Code of Practice.

The terms clearly contradict the Operator’s assertion that the driver had contracted with the company.

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Tripledrop
post Yesterday, 16:08
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Can you confirm where abouts I need to appeal? is it with the company direct again or somewhere else? If it's somwhere else do I need to notify the parking company aswell?

With regards to the content what is it specifically I need to mention? I know you mentione the POFA but not sure how I would go about appealing this.

Sorry for all the questions I have never done this so just want to make sure I do the right thing.
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ostell
post Yesterday, 16:17
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No you appeal to POLA, you should have details on how to do this in the rejection and the issuing of a POLA code

You tell POPLA all the reasons why the keeper/hirer cannot be held liable because of all the failures to comply with the requirements of POFA and there admission that they were not using POFA. If they are not using POFA then they can only claim against the driver, who they don't know.

Look at other POLA appeals to get the idea and put on here for critique before you send.

This post has been edited by ostell: Yesterday, 16:18
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cabbyman
post Yesterday, 16:23
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TAKE DOWN the appeal rejection. It contains valuable information and could go VERY BADLY wrong if it fell into the wrong hands. This is CRUCIAL!


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ostell
post Yesterday, 16:48
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Just had a look at that appeal and they appear to have rejected because the keeper has refused to identify the driver. Is this a complaint to the BPA?
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