http://www.lutontoday.co.uk/news/business/business-news/80-for-nine-second-stop-1-5963167
In this incident a motorist stopped for about 9 seconds in a no stopping zone to read the signs, because it was impossible to read them while moving due to the sunlight.
She was issued with a parking charge which she appealed. The appeal was rejected, but the charge was dropped when she went to the press.
A spokesman for APCOA said
Upon reviewing the CCTV Ms Lee’s PCN was rescinded on the grounds that she was not deliberately trying to evade the parking charge, more so trying to gather her bearings which is completely understandable. Drivers should only expect to be penalised if they are seen to use the restricted ‘no stopping at all times’ zones as pick-up or drop-off points.
Mrs Lee was clearly not in breach of these terms which is why we are pleased to cancel the PCN.
This makes it clear that the whole point of the no stopping zone is to raise revenue. If the issue were truly about security then no stopping at all would be allowed, and all the signs would be better designed to be readable in all conditions, and at the speed cars drive past.
Prankster's Advice
Although Mrs Lee's appeal was rejected, she would have won if she had appealed to the independent adjudicators POPLA using the following grounds. Grounds 1-3 only apply if the driver has not been identified.
1) Luton Airport is not 'relevant land' for the purposes of POFA 2012 as parking-related byelaws apply.
2) A short stop is not parking for the purposes of POFA 2012
3) For those two reasons, keeper liability does not apply and only the driver is liable. The parking operator has not identified the driver and therefore the charge is not applicable.
4) Any charge an operator makes for breach of contract must be a true pre-estimate of loss. The airport has lost nothing for such a short stay.
5) No contract can be said to be in place between motorist and operator. All contracts must have an offer, acceptance and consideration. All three elements are missing. There is no offer from the operator. There is no acceptance from the driver because the signage cannot be read at driving speed, so the driver cannot be said to be aware of the contractual terms. There is no consideration paid by the driver.
Happy Parking
The Parking Prankster
Funny how they seem to use the word penalise and then try and claim it's not a penalty.
ReplyDeleteThis would be a useful bit of evidence to hold on file for anyone getting a court claim.
I have just won a pcn at Luton airport for a friend of my Mrs, The soft appeal was rejected is i expected, but the POPLA appeal was upheld due to the pre-estimate of loss.
ReplyDeleteAirport Parking Company of America, APCOA has done a nice job after admitting that over charging and fine at the Luton airport are an explicit scam, i have got to know some of my friend's relevant experiences, be aware and park safely with Birmingham Parking
ReplyDeleteApcoa have deducting short stay parking charges from my credit card payment twice so please check your credit/debit card statement carefully if you have used their short stay credit card payment machine recently. I used their car park at Luton Airport and paid for my stay on the 1/10/15 and was rechared the payment on the 3/10/15 when I was 100 miles away.
ReplyDeleteJust come back from liton airport.went on mid term car park.use to be free for 60 minutes then funny charge for next hour.today was different.approached gate and find out there is only 30 min free but 45 min cost £7 and 1 hour £10.£20 for two hours !!!!! Wtf ?
ReplyDelete