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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice
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Stop car, unload passenger and*****off, is this

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Stop car, unload passenger and*****off, is this an offence that warrants a fine? (previously asked but lost internet)
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Hi Jo - Small no access road opposite car rental location at Birmingham Airport. In order to be off main road, away from entrance/exit rental location for both safety and not to impede any other road users, I pulled into small road to unload passenger and luggage whereupon I immediately left the road. The vehicle was stationary only as long as it took to unload, two/three minutes at the most. The vehicle was neither left nor 'parked' in the true sense of the meaning. There is no sign saying 'no loading or unloading' or 'no parking' but I will check. I believe there is one which says 'no access' but I no intention of driving down it to access anywhere,

Who is the issuer of the fine?
Customer: replied 3 years ago.


Customer: replied 3 years ago.

Hi Jo Having responded to your last question as to who issued the parking fine do you have a response for me? Thanks

This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.
A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.
This is essentially an invoice arising from a civil dispute arising from an alleged agreement whereby you agree to park for a fee. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract. That is what is in dispute.
Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the penalty if he does not disclose the details of the driver within 28 days.
All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer a small amount for their loss.
Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

Hi Jo Thanks for that but this is a public road owned by the council, not a private road and is not in any form a 'parking area' whereby any

agreement was reached or breached. The private company are responsible for parking matters and if I had left the vehicle parked' on this road then perhaps their involvement would apply. Is this worth me taking it through the small claims court? Sorry for any confusion caused.

if it is a Council fine then it shouldn't be issued by ACPOA.
Is there any mention of the council in the fine?
Customer: replied 3 years ago.

Hi Jo. No. It says:

APCOA Parking. Parking Charge Notice. Charge Notice No. ... Vehicle Reg. .... Date of Issue. ... To The Respondent (which is Hertz UK - hired vehicle) Notice is hereby served to the registered keeper of the vehicle registration mark .... For the alleged contravention of BA02 - Dropping off/Picking up outside of a designated parking area captured by ANPR Camera at Birmingham International Airport on ..(date & time). The alleged contravention is a BREACH OF THE TERMS AND CONDITIONS OF USE of Birmingham International Airport. Signs are clearly displayed throughout the area showing these terms and conditions. This is followed by 3 photographs which are not disputed. It goes on to ask Hertz for the name and address of the hirer. It would appear that Hertz have paid this 'fine' and charged my credit card plus their admin charge for doing so.

Ok. The charging of your card is another issue that may be a problem.
But what does this have to do with the council?
Customer: replied 3 years ago.

as far as I can see, nothing. It's a 'fine', mugging would be a better term, imposed by a private company for an action taken on what I believe is a council owned/maintained road, obviously close to the airport, but no different to the road outside my house. I accept why Hertz paid the fine, no problem with that. My question quite simply is whether APCOA are legally entitled to extract money for a road user carrying out an everyday action on a public road. It is not a parking fine but a stopping fine! I don't recall any such signs as referred to by APCOA but will need to revisit site to check. I'm grateful for your responses but this seems to be getting complicated.

It is a private land fine and my answer above applies.
However, it has already been paid by the hire company. Therefore your dispute is with Hertz. That will depend on whether or not the contract that you signed allows them to do this.
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