Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: ginge27 on June 04, 2025, 07:22:34 pm
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Welcome. Easy one to deal with… 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 location is not "relevant land" for the purposes of PoFA 2012, 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 Manchester Airport is not 'relevant land'.
If Manchester 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 '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.
Please let us know when they cancel it, for our records.
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Two weeks ago, my mum dropped me off at Manchester T1, went to pay at the barriers on exit, however the barriers were up, didn't notice any signs saying payment must be online, so she carried on. My dad (registered keeper) has now received a PCN from APCOA.
Having read a few of these forums, I believe this £100 fine can be appealed. I'm looking if someone would be able to help me with this please?
Thanks!!