Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: WaltWhite on April 14, 2025, 02:40:37 pm
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Next time you go to any airport without a barrier system, but where they still want to extort money from motorists, you don't have to pay. All you do is wait for the Notice to Keeper and appeal only as the Keeper without blabbing the drivers identity, inadvertently or otherwise. You simply remind APCOA or whichever unregulated private parking company is running the scam, that you refer them to the answer given in Arkell v Pressdram (1971) because they can only hold the driver liable and you, the Keeper, are under no legal obligation to identify the driver to a private company for an alleged contravention that took place on 'non relevant land'.
Even if you did nothing and ignored everything that comes your way, such as powerless debt recovery threats and such, nothing would happen because APCOA are benign and do not litigate.
It's your money.
Thanks. All clear advice. I think on this one however I have jumped the gun and named the driver but will bear in mind for the future.
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Next time you go to any airport without a barrier system, but where they still want to extort money from motorists, you don't have to pay. All you do is wait for the Notice to Keeper and appeal only as the Keeper without blabbing the drivers identity, inadvertently or otherwise. You simply remind APCOA or whichever unregulated private parking company is running the scam, that you refer them to the answer given in Arkell v Pressdram (1971) because they can only hold the driver liable and you, the Keeper, are under no legal obligation to identify the driver to a private company for an alleged contravention that took place on 'non relevant land'.
Even if you did nothing and ignored everything that comes your way, such as powerless debt recovery threats and such, nothing would happen because APCOA are benign and do not litigate.
It's your money.
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£25 may be worth it to avoid the hassle, I agree.
And apologies that I was talking rubbish about PoFA earlier, brain fade, but the point seems to be that they know who the driver was now, whom they can pursue.
Thanks again for the replies, much appreciated
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£25 may be worth it to avoid the hassle, I agree.
And apologies that I was talking rubbish about PoFA earlier, brain fade, but the point seems to be that they know who the driver was now, whom they can pursue.
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You need to search the forum because I’m not going to do it for you, but if you appeal, the appeal will be rejected, then you’ll get letters from debt collectors with increasing amounts and scary words like “CCJ”. Eventually they’ll give up.
The notice probably doesn’t comply with the requirements of PoFA 2012, it seems only to have some bits, you you may get POPLA to cancel the charge on a second appeal on this basis, as long as you don’t name the driver. However your email to them has implicitly identified the driver.
PoFA only comes into its own if the driver is not known, by transferring liability to the registered keeper. It looks as if they know who both of them are now.
Fair enough. I might just pay it while it is a small charge to make it go away....
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You need to search the forum because I’m not going to do it for you, but if you appeal, the appeal will be rejected, then you’ll get letters from debt collectors with increasing amounts and scary words like “CCJ”. Eventually they’ll give up.
Didn't expect you to search the forum for me!
Thanks for the help much appreciated :)
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You need to search the forum because I’m not going to do it for you, but if you appeal, the appeal will be rejected, then you’ll get letters from debt collectors with increasing amounts and scary words like “CCJ”. Eventually they’ll give up.
The notice probably doesn’t comply with the requirements of PoFA 2012, it seems only to have some bits, you you may get POPLA to cancel the charge on a second appeal on this basis, as long as you don’t name the driver. However your email to them has implicitly identified the driver.
PoFA is irrelevant at Stansted Airport, apologies, it’s not relevant land because it’s covered by byelaws.
PoFA only comes into its own if the driver is not known, by transferring liability to the registered keeper. It looks as if they know who both of them are now.
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Currently APCOA do not “do” court. Was your complaint taken as an appeal, what did you say in it?
If you didn’t appeal, there are sample APCOA/Stansted appeals here.
This was my email...., I hadnt received the 'Parking Charge' as it was 4 days after I went to Stansted.
Dear Sir/Madam,
Hope you are well. I was late to pay my express drop off charge at Stansted, it is my first time there since the new system in place. I understand that the option to pay £7 has been removed in the last two weeks? So now I have to pay £25. This feels unfair as it was my first time even if the system has been in place for a few months now, seeing as I and other users of the airport may not have been there in this time we would be unaware and unused to it. I am asking if in this instance only as a gesture of good will could I still make the payment of £7?
My registration is......
I look forward to hearing from you
In your experience if I do appeal, what normally happens then, will I still be bombarded with letters etc. Will they write and say they will drop the matter?
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Currently APCOA do not “do” court. Was your complaint taken as an appeal, what did you say in it?
If you didn’t appeal, there are sample APCOA/Stansted appeals here.
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They know who the registered keeper is, they asked DVLA who gave them your name and address. What you said to them on the subject is irrelevant!
See https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
Sometimes not naming the driver may be important.
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Hi
I've received this in the post, as it was the first time I had been at Stansted since the barriers were removed and with the busyness of life I forgot to pay.
I have received this in the post, with the option to pay £25 if paid within 14 days of the 'Date of Issue of this Charge' which would be the 19th April - this Saturday.
I did phone and ask if I could pay the charge but they said too late. I cant remember if I said I was the registered keeper on the phone call.
I have also made a complaint via email in which I did not expressly indicate whether I was the registered keeper but did say the registration plate was of my car.
(https://i.imgur.com/KtMQUUX.jpeg)
(https://i.imgur.com/HM3vo0N.jpeg)
Should I just pay this now, bearing in mind my communications with the company.
Thanks for any help