Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: bailfyr on October 11, 2024, 09:25:33 pm

Title: Re: APCOA Parking PCN – DROP OFF ZONE – HEATHROW AIRPORT
Post by: bailfyr on October 16, 2024, 12:42:53 pm
Thank you both - I have sent the appeal following your advice! Much appreciated.
Title: Re: APCOA Parking PCN – DROP OFF ZONE – HEATHROW AIRPORT
Post by: b789 on October 12, 2024, 12:24:47 am
Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

You appeal as the keeper only using the following, verbatim:

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 Heathrow Airport is not 'relevant land'.

If Heathrow Airport 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.
Title: Re: APCOA Parking PCN – DROP OFF ZONE – HEATHROW AIRPORT
Post by: DWMB2 on October 12, 2024, 12:23:26 am
As Heathrow Airport is subject to byelaws, it is subject to "statutory control", and as such, not relevant land for the purposes of Schedule 4 of the Protection of Freedoms Act (there's a link in my signature), an act that allows parking companies to hold keepers liable for parking charges.

As a result, only the driver (who they do not know) could be liable. You could therefore appeal along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I am appealing as the registered keeper of the vehicle. There is no obligation for me to name the driver and I will not be doing so. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act").

Even if you were seeking to do so, as the Heathrow T2 Drop Off Zone is not "relevant land" as defined by The Act you are unable to recover the charge from me, the keeper.

I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,


If appealing online, make sure there are no drop down boxes etc. that force/trick you into revealing who was driving - you are appealing as the keeper, and saying nothing about who was driving. If you are not the registered keeper of the vehicle, with the V5C in your possession, tell us, as the appeal will be different.

So far this appeal has a 100% success record.
Title: APCOA Parking PCN – DROP OFF ZONE – HEATHROW AIRPORT
Post by: bailfyr on October 11, 2024, 09:25:33 pm
Hi all,

I'm sure many of you have seen this before, £5 turned into a lot more when I told myself I would pay when I get home and obviously when I got home at 11PM at night - I forgot about it until the PCN arrived in the post.

Appreciate any advise!

Images (https://imgur.com/a/bIcQgmH)
https://imgur.com/a/bIcQgmH

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