APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI) caught by change of operating conditions

Hi,

On 22nd August, DRI picked up a friend from East Midlands Airport at the rapid/pickup drop-off point. Upon completing the pickup, DRI proceeded to the exit of the car park expecting to use the payment machine on exit. Upon exiting it became clear that the payment machine was no longer present. DRI spent a sum total of 2 minutes and 22 seconds in the rapid pickup zone. On 4th September, TRK received a parking charge notice from APCOA (
https://imgur.com/a/5QalYa7) indicating that payment for the use of the pick-up zone should have been made online or by phone and that a £100 (£60) fine is now payable.

DRI had no idea the conditions of using the car park had changed (on 1st May 2025 it seems) since their last visit and assumed that the time spent at rapid pickup was within the grace period that previously applied.

TRK believes the fine is unreasonable and wholly disproportionate and would like some advice on how to dispute this on behalf of DRI.

Kind Regards,
TRK

PoFA does not apply because the land is under statutory control and therefore the liability can not be transferred from the driver to the registered keeper.
As long as the driver has not been identified.

APCOA have no idea who the driver is unless the Keeper blabs it to them. Follow this advice and you will not pay a penny to APCOA.

You appeal ONLY as the Keeper. Do not select any option on their appeal portal except Keeper or Other. Use the following and do not try and overthink or edit it:

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 East Midlands Airport (EMA) is not 'relevant land'.

If EMA wanted to hold owners or keepers liable under Airport Bylaws, 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 APCOA’s own profit (as opposed to a bylaws 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.

Submitted verbatim.

Your help once more is kindly appreciated b789!

Hi swim80

I just got the same thing

Have you a reply yet ?

SpongeBob
If you are looking for advice, then start your own thread.
Individual cases can differ.

I am interested in what happens to swim80 as mine is exactly the same circumstances and exactly the same document that has arrived.
Mine differs from that of swim80 only, of course, in PCN number, registration, photos and date. Otherwise it is a carbon copy
So I am still very interested to know the  outcome, swim80

I will take a bet from anyone who cares, at 10:1 odds, that the outcome will be that this will be cancelled and not a penny shall pass to APCOA.

Any takers?

I am inclined to cut and paste verbatim from b789's  Reply #2 and just get on with it

He (sorry if she) sounds very confident

I am inclined to cut and paste verbatim from b789's  Reply #2 and just get on with it

He (sorry if she) sounds very confident

Please start your own thread, rather than hijacking someone else’s. You signed up to this when you joined, and it’s confusing for the rest of us.

If you don't want to pay APCOA, just do it!

Thanks @ b789
I will.

and @ jfollows. I am not 'hijacking' the thread. I am merely asking swim80 if he has had a reply because, as I have already explained, my circumstances and the pcn are precisely the same. I am sorry if this confuses you

It works. I personally had 4 issued to me by APCOA at Manchester Airport in June and each one was cancelled. They simply cannot do anything if they don't know the drivers identity. End of!

For those of you who found this thread by searching on "APCOA East Midlands Rapid Drop off", as I did

I used the wording exactly as suggested by b789
Ticket cancelled
Many thanks to b789