Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Ray236 on August 17, 2025, 10:45:59 pm
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Whilst the first part of the appeal is correct, in that they cannot rely on PoFA to hold the Keeper liable, I doubt they even mention PoFA in their NtH anyway, as they are not relying on it. Even if they were, which I doubt, I bet they didn't include the necessary copies of the required documents with the NtH, which would be another winning point, if the were trying to rely on PoFA.
Using this is all you need to get an APCOA PCN cancelled:
I am the Hirer. APCOA cannot hold a Hirer 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/hirers 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 Hirer cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtH 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.
No need to add or edit anything in that wording. You are using their website to appeal ONLY as the Hirer or "Other".
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please can you check the reply and offer any suggestions many thanks
Subject: Response to Parking Charge Notice [STN1350423]
Dear Sir or Madam,
I am writing as the hirer of the vehicle in relation to the above Parking Charge Notice.
Your notice was received on [29/10/2025], almost [ 84 days] after the alleged parking event on [07/08/2025]. This is well outside the timeframe allowed under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) for transferring liability to the keeper or hirer.
Furthermore, APCOA has previously confirmed in many cases that it does not rely on PoFA to establish keeper or hirer liability. As such, there is no legal basis to pursue me as the hirer.
I am the Hirer. APCOA cannot hold a Hirer 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 Hirer 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.
I therefore request that this charge be cancelled immediately. Please confirm this in writing. Should you disagree, please provide evidence of full compliance with all relevant PoFA provisions, including copies of any documentation received from the hire company that meet the statutory requirements.
Kind regards,
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Ok many thanks for your quick response
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If you are the Hirer, you cannot respond or do anything until an NtH arrives in your name. That will only happen once the hire company has transferred liability to you as per PoFA.
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When you receive a notice in your own name, the second appeal will be suitable.
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Hi I am the hirer of the vehicle and the notice will be sent on my name asap please confirm if I can still send the second response you suggested is that still possible if I'm not the owner .many thanks your response will be much appreciated
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No open pays APCOA a penny if you follow the advice. If you are a director of that company then you can appeal as the company with the following:
We are 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 is a company and 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.
If it is just a copy of the original Notice to Keeper (NtK), then you cannot respond to it as you are not the Registered Keeper, you are the Hirer. The hire company only has to tell APCOA that the vehicle is hired to you and they must then send a Notice to Hirer in your name, which you can then appeal with the following:
I am the Hirer. APCOA cannot hold a Hirer 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 Hirer 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.
Depending on your answer, either of those appeals, whether as the Keeper or the Hirer will get the PCN cancelled. There is no Keeper/Hirer liability on land that is under statutory control and they have no idea who the driver is unless you blab it to them, inadvertently or otherwise.
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That notice is addressed to a company. Are you a director of that company, or is this a lease car and the lease company has sent a copy of the notice to you as the hirer?
If the latter, you should ensure that the hire company nominate you as the hirer of the vehicle, at which point you should receive a notice in your own name, which you can then appeal.
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hi guys please can someone help i forgot to pay the drop off charge at the airport any options please ?