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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 Mon, 16 Jul 2018 - 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 Mon, 16 Jul 2018 - 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: Mon, 16 Jul 2018 - 16:18
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cabbyman
post Mon, 16 Jul 2018 - 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 Mon, 16 Jul 2018 - 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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Tripledrop
post Sun, 22 Jul 2018 - 09:20
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Hi All,

I am struggling to put something together here for the POPLA appeal. I have checked street view and there are 2 signs (one at the front of the layby and one to the side) so I beleive this will probably not work with inadequate signage (I guess more have been put up since appeals). I note Redivi's reply suggestion (thank you for this) however I am unsure of the picture you are referring to that shows a sign in the adjacent carpark?

Looking through the Forums people seem to suggest the POFA angle. I am struggling with this as from what I can see APCOA dont mention that they are claiming under POFA in the initial stages and deny claiming POFA in the last letter? Could someone give me some guidance on workding for this?

I am sure part of this is me not understanding half of the terminolgy so apologies if the questions seem stupid here I just want the best possible chance of successful claim.
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ostell
post Sun, 22 Jul 2018 - 09:32
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The person that created the parking contract was the driver. As APCOA do not no the name of the driver then to hold the keeper liable they must use POFA to transfer the liability to the keeper. If they do not use POFA, as they have stated, then they cannot claim against the keeper. So if they state that they are not using POFA then they cannot possibly have any legal claim against the keeper.

So at POPLA you mention the signage, the failure to conform to the requirements of POFA 14 (2) (a), lack of documents, for a hire car and their statement that they are not using POFA and therefore there can be no keeper liability.

This post has been edited by ostell: Sun, 22 Jul 2018 - 09:44
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Umkomaas
post Sun, 22 Jul 2018 - 09:46
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QUOTE
I am struggling to put something together here for the POPLA appeal.


Here's an example to get you started - in fact there may not be much you have to do to it to make it suitable to use as your POPLA appeal. You will have to incorporate the hirer/Keeper side of things, as in the linked thread it was the poster's own vehicle.

https://forums.moneysavingexpert.com/showth....php?p=73093794

The reality for you is, as was experienced by the original poster in the above link, that with a strong POPLA appeal, APCOA will capitulate. It is well documented behaviour on their part.

You will not be paying them a bean.
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Tripledrop
post Sun, 22 Jul 2018 - 10:26
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This has helped thanks have appealed with POPLA now.... I await with baited breath smile.gif
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nosferatu1001
post Mon, 23 Jul 2018 - 10:54
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AH, ok. Normally we suggest people draft an appeal and have it looked at a bit here -espefcially as you had to ensure the keeper/hirer bit was right!

ANy chance you can post it here for review?
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Tripledrop
post Wed, 1 Aug 2018 - 11:46
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Hi sorry only just seen this.

No need to worry anyway just had confirmation they are dropping the charge thanks for everyone's help it is much appreciated
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Dave65
post Wed, 1 Aug 2018 - 15:00
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Can you give more details of the dropping of the charge?

This may well help others in a similar situation.
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Tripledrop
post Wed, 1 Aug 2018 - 19:20
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I made an argument based on POFA pointed out that they had gone down that route and then claimed not to be claiming on the basis of POFA (uploaded the proof of letters had) I also mentioned about the signs being a statement and no contract being able to be in place as mentioned further up in the post.

Literally only just got POPLA response today which just said I can confirm APCOA have decided not to challenge the appeal therefore there is no fee to pay.
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Umkomaas
post Wed, 1 Aug 2018 - 19:42
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Well done.

I've not seen an APCOA challenge of a POPLA appeal for months. They always withdraw when a solid forum-assisted appeal is submitted. Would be very interesting to se their stats on this.

The fact that they capitulate so frequently, speaks volumes about the strength of their case in the first place. Just chancers!
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cabbyman
post Thu, 2 Aug 2018 - 18:11
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Miraculous, given your post #19 and my post #25!!!!!!

Well done, anyway! biggrin.gif


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