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#Post#: 70450--------------------------------------------------
Traffic violation notice APCOA Parking Birmingham Airport
DIR By: littlewal
Date: May 7, 2025, 3:31 pm
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Violation - Parking
Received noticed of parking Admin fee - because driver pulled
over to check they were on the correct route back to the car
rental returns area. They literally set down for about 45
seconds to check the map and then drove away. How can they
dispute the fine please as surely pulling over to check you have
the correct road is the safest thing to do in this scenario?
[attachment deleted by admin]
#Post#: 70468--------------------------------------------------
Re: Traffic violation notice APCOA Parking Birmingham Airport
DIR By: b789
Date: May 7, 2025, 5:32 pm
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Appeal only as the Keeper with the following:
--- Quote ---
> I am the registered keeper. APCOA cannot hold a registered
keeper liable for any alleged contravention on land that is
under statutory control. As a matter of fact and law, APCOA will
be well aware that they cannot use the PoFA provisions because
Birmingham Airport is not 'relevant land'.
> If Birmingham Airport wanted to hold owners or keepers liable
under Airport Byelaws, that would be within the landowner's gift
and another matter entirely. However, not only is that not
pleaded, it is also not legally possible because APCOA is not
the Airport owner and your 'parking charge' is not and never
attempts to be a penalty. It is created for APCOAS's own profit
(as opposed to a byelaws penalty that goes to the public purse)
and APCOA has relied on contract law allegations of breach
against the driver only.
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NTK can only hold the driver liable.
APCOA have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 70475--------------------------------------------------
Re: Traffic violation notice APCOA Parking Birmingham Airport
DIR By: littlewal
Date: May 7, 2025, 6:17 pm
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The driver of the hired vehicle has been sent this demand by
hire company. Do they state as per your reply below to APCOA?
#Post#: 70481--------------------------------------------------
Re: Traffic violation notice APCOA Parking Birmingham Airport
DIR By: DWMB2
Date: May 8, 2025, 1:23 am
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The hire company don't know who was driving, so the only person
they can have sent it to is the hirer.
Is the notice addressed to the hirer, or to the hire company?
If the latter then it's a matter for the hire company to deal
with as its addressed to them. What they should do (and the
hirer should contact them to make sure they do), is provide the
name of the hirer, who will receive a notice in his own name,
which can then be appealed.
#Post#: 70489--------------------------------------------------
Re: Traffic violation notice APCOA Parking Birmingham Airport
DIR By: Dave65
Date: May 8, 2025, 4:13 am
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What does the rental agreement say about what admin fees are
charged for? this is a private parking charge.
#Post#: 70500--------------------------------------------------
Re: Traffic violation notice APCOA Parking Birmingham Airport
DIR By: b789
Date: May 8, 2025, 5:12 am
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I wish posters would give the full background when posting. If
you were the Hirer, then, as advised, when you receive a Notice
to Hirer (NtH) in your own name, send the following appeal as
above but adapted for a Hirer rather than a Keeper:
--- Quote ---
> I am the Hirer of the vehicle. APCOA cannot hold a Hirer
liable for any alleged contravention on land that is under
statutory control. As a matter of fact and law, APCOA will be
well aware that they cannot use the PoFA provisions because
Birmingham Airport is not 'relevant land'.
>
> If Birmingham Airport wanted to hold owners or keepers/hirers
liable under Airport Byelaws, that would be within the
landowner's gift and another matter entirely. However, not only
is that not pleaded, it is also not legally possible because
APCOA is not the Airport owner and your 'parking charge' is not
and never attempts to be a penalty. It is created for APCOAS's
own profit (as opposed to a byelaws penalty that goes to the
public purse) and APCOA has relied on contract law allegations
of breach against the driver only.
>
> The Hirer cannot be presumed or inferred to have been the
driver, nor pursued under some twisted interpretation of the law
of agency. Your NTK can only hold the driver liable. APCOA have
no hope at POPLA, so you are urged to save us both a complete
waste of time and cancel the PCN.
--- End Quote ---
It will be cancelled.
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