Astra - More from APCOA - fraserbird

Can anyone help here

Got a Parking Enforcement Notice from APCOA but the reg given is not mine nor has ever belonged to me? It is dated for parking at London Luton Airport the day after I dropped friends off so can only assume i did something wrong for them to have my address but assume they put the wrong reg on the letter? Should i ignore or contact them to say not my car?? Fine is £80 so any advise welcome

Astra - More from APCOA - bathtub tom

Did you use the drop-off car park or just let them jump out at the roundabout?

The latter is notorious for collecting this invoice, there's a scamera van permanently parked for this reason.

It comes up frequently on local radio.

Astra - More from APCOA - fraserbird

No,i stopped where I thought i was supposed to but to have my address they must have my Reg somewhere?

Astra - More from APCOA - FP

With respect, BT, the issue is not whether the OP stopped somewhere near Luton Airport, but why the Notice refers to the registration number of a vehicle he has never had.

"the reg given is not mine nor has ever belonged to me"

It seems as though his correct reg number has been read, to obtain his address, but some weird glitch has connected him with another car.

As things stand, I don't think he needs to worry. APCOA has made a stupid cock-up.

Edited by FP on 21/10/2012 at 20:54

Astra - More from APCOA - bathtub tom

The problem may be that Luton airport's owned by the council. I believe councils have the authority to issue penalty charge notices. It seems to be a grey area.

If the offence occurred after 1/10/12, then the cars registered owner can be chased by whoever issued the bit of paper.

I understand a simple transcription error's no defence against a proper penalty charge notice, but two?

I think only better legal opinion than me can give a good answer.

May be worth asking pepipoo: www.pepipoo.com/

Astra - More from APCOA - FP

"The problem may be that Luton airport's owned by the council. I believe councils have the authority to issue penalty charge notices."

I'm sure Luton Borough Council do issue penalty notices and their jurisdiction will apply to the roads near the airport where there are yellow lines.

However, the OP has received a ticket from ACPOA.

Astra - More from APCOA - Dwight Van Driver

If the ticket is headed Parking Enforcement Notice and issued after 1.10.12 then it is under the new rule of "civil action contract recovery parking fee" under the Protection of Freedom Act 2012.

Had it been issued by the Council under statutory authority (off street parking Order,waiting restrictionTraffic Order etc) then it would have been headed Penalty Charge Notice. From what I can see however there is nothing to prevent Councils issuing a 'contract' ticket but not under PCN heading as two seperate and distinct law avenues are involved.

Under Section 56 Scedule 4 PoFA 12 'notice to driver' means a notice GIVEN IN ACCORDANCE with Para 7. Sub Para 2 (a) of this states - The Notice must specify THE VEHICLE.......... etc etc.( A similar requirement is present in relation to a PCN)

In stating the incorrect VRM then the Notice IMHO is not a valid Notice.

How does one deal with this?

Seems two options.

First write back to ACPOA in an appeal pointing out that their Notice at law is invalid (include PHOTOCOPY) therefore no charge can be made, or

Sit tight , do nothing, Keep ticket as evidence and await a County Court summons where one can plead the ticket was unlawful. I would presume, like under the old system, a plethora of paper work, none of which should be answered, with threats of action will result. The question being are they going to the time, cost and trouble to enforce an action through a County Court which has an obvious defect?????????

dvd

Edited by Dwight Van Driver on 22/10/2012 at 08:48

Astra - More from APCOA - Bromptonaut

Several airports now charge for drop off/pick up. Suspect this is a consequence of car bomb driven into Glasgow airport and subsequent need for greater security at cost of ££££. Airport co will say thay have to recover that, or to be more precise they do it because thay can - people think there's no alternative to driving to an airport. Even one with good bus and rail links.

Provided it's clearly signed it's just one of those things you either live with or workround. If you ignore signs and drop off on access roads then you can expect a ticket.

Astra - More from APCOA - fraserbird

Thanks dvd,i had already decided to ignore but hearing from someone else is reassuring. The Reg given was nothing like mine so was not a "simple administration error" and i did not stop on an access road so do not "expect" a ticket!

Astra - More from APCOA - bathtub tom

Did you enter the drop-off zone: goo.gl/maps/xTFwE and pay rhe quid to exit?

Astra - More from APCOA - FP

"Did you enter the drop-off zone: goo.gl/maps/xTFwE and pay rhe quid to exit?"

Difficult to imagine how he'd have got out without paying, as the exit is barrier-controlled! On the other hand, he might have outstayed the time allowed (ten minutes, the last occasion I was there).

Here's Luton Airport's summary of their arrangements for dropping off and picking up:

tinyurl.com/cpd8t3g

As DVD says, it's probably best to ignore the notice until/unless there is a court case.

Edited by FP on 22/10/2012 at 21:56