Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: jasonw55 on December 20, 2024, 02:42:16 pm
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Hi we're also looking for advice regarding the Heathrow drop off. We took a wrong turn while heading for the meet and greet and ended up driving through the drop off zone. We've now received a £40 fine. I've appealed it but not sure how sympathetic they'll be, even though the signs appear when there's no visible or safe way of stopping and turning round!
Oh dear... what exactly did you put in your APCOA appeal? Did you reveal the identity of the driver?
This is the standard APCOA airport PCN appeal that would have had it cancelled:
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.
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Welcome to FTLA.
I have split this into it's own topic in line with rule #2 of our House Rules (https://www.ftla.uk/announcements/house-rules/).
To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/). We will also need to see exactly what you sent as your appeal, and in what capacity you appealed.
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Hi we're also looking for advice regarding the Heathrow drop off. We took a wrong turn while heading for the meet and greet and ended up driving through the drop off zone. We've now received a £40 fine. I've appealed it but not sure how sympathetic they'll be, even though the signs appear when there's no visible or safe way of stopping and turning round!