Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: mrfence on April 25, 2025, 02:35:52 pm
-
Just do the appeal as advised!
They will cancel, and with great impudence, tell you not to be such a naughty person in future and that you should always obey their rules.
If it were me, I simply respond to their cancellation notice, telling them to refer to the answer given in Arkell v Pressdram (1971).
I haven't paid a single drop off fee at Heathrow, Gatwick or Luton for years.
-
(https://i.postimg.cc/4ynLV87Z/Stansted-Drop-Off-Charge.png)
-
The Keeper of the vehicle appeals with the following to APCOA:
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 Stansted Airport is not 'relevant land'.
If Stansted 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.
There is no legal obligation on the Keeper to identify the driver. Only elect the dropdown option of "OTHER" when appealing.
-
Welcome, almost certainly a better way to respond. Please show us a copy of the notice received, using Imgur or similar (instructions here: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/))
-
As the registered keeper of the vehicle, I've received a Parking Charge for an alleged 'contravention of use of Pick Up/Drop Off Zone without making a valid payment' at Stansted Airport.
I understand that payment can only be made online and must be made by midnight the next day.
I am told that payment was made, but a day late, so technically covering the day after the vehicle was at the airport as the site doesn't let you backdate it any further.
Given that this would appear to be an oversight by the driver and payment was subsequently made, should I inform them of this in the hope that the charge will be cancelled. Or is there a better way to respond?
TIA.