Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: iispartan on November 22, 2024, 08:04:31 am
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Search the forum and you will find cases for both airports you mention.
Gatwick is operated by NCP. They may well not roll over as readily as APCOA does.
I will do so, thank you
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Search the forum and you will find cases for both airports you mention.
Gatwick is operated by NCP. They may well not roll over as readily as APCOA does.
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There isn’t any “limit”. It’s just a private company send the keeper an invoice for an alleged breach of contract by the driver.
There never is a “ interact in the first place. Why would you just pay someone because they say you owe them some money?
Don’t feel sorry for them. They make a fortune from the hundreds of thousands who pay the extortionate fee and the tens of thousands who get invoiced just as you did.
First of all THANK YOU for I found your advice incredibly helpful. My PCN was quickly cancelled. It is very unfair they take advantage of people this way.
Second, I would like to add a small, silly question: would the above apply to gatwick and stansted too? I'm asking not only for peace of mind but also because i have no way of knowing if the drop-off areas in these two airports work the same way as in luton.
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There isn’t any “limit”. It’s just a private company send the keeper an invoice for an alleged breach of contract by the driver.
There never is a “ interact in the first place. Why would you just pay someone because they say you owe them some money?
Don’t feel sorry for them. They make a fortune from the hundreds of thousands who pay the extortionate fee and the tens of thousands who get invoiced just as you did.
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Thanks very much, will do that. What’s stopping people theoretically never paying and always appealing with the template? Is there a limit for how many times an individual can appeal?
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Identical. Any airport where there is no barrier, just appeal as the Keeper and remind them that they cannot hold the keeper liable nd good luck identifying the driver because you aren't going to do it for them.
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Apologies for not updating the group earlier, but the PCN was cancelled thanks for all your help.
Quick question, Stansted Airport have now seemed to have moved towards a “pay online by midnight” model (previously had barriers) similar to Luton now and I’m pretty sure I’ll get a PCN soon.
I’m assuming same procedure as the Luton appeal, given it’s also operated by APCOA. I’m sure you guys have already had a few posts about this anyways ..
Thanks!
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Non-PoFA appeal FTLA
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.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from 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 Luton Airport is not 'relevant land'.
If Luton 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.
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Hi all
The registered keeper received a parking charge after dropping off a relative to Luton airport and forgot to pay the £5 fee online within 24hrs.
Attached is the PCN: https://imgur.com/a/87WU43S
Appreciate any advice.
Thanks