Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: markeman on August 24, 2025, 05:46:20 pm

Title: Re: PCN Apcoa Parking - Use of Drop Off without valid payment - Heathrow T4 Drop Off
Post by: markeman on September 26, 2025, 04:43:02 pm
Ditto - confirming the PCN raised in this thread (I'm the OP) has been waived by our friends at Apoca using the recommended template.

Many thanks b789 and RichardW for the steer originally, very much appreciated.  I have learned something from this process!
Title: Re: PCN Apcoa Parking - Use of Drop Off without valid payment - Heathrow T4 Drop Off
Post by: a124 on September 26, 2025, 02:54:23 pm
I can confirm the appeal template given here has got a Heathrow T2 and T5 drop off zone PCN cancelled for me recently.

Thank you to all the good people who help here. Heroes!
Title: Re: PCN Apcoa Parking - Use of Drop Off without valid payment - Heathrow T4 Drop Off
Post by: markeman on August 27, 2025, 07:28:41 pm
Thanks both, appeal submitted using the advised text.
Title: Re: PCN Apcoa Parking - Use of Drop Off without valid payment - Heathrow T4 Drop Off
Post by: b789 on August 25, 2025, 11:31:54 am
Simply appeal with the following as the Keeper and they will cancel:

Quote
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.

If they send a letter/email stating that they require the drivers details, just ignore it. They WILL eventually cancel.
Title: Re: PCN Apcoa Parking - Use of Drop Off without valid payment - Heathrow T4 Drop Off
Post by: RichardW on August 24, 2025, 08:07:48 pm
They can't enforce against the reg keeper as the airport is under statutory control. Search on here for any of the recent airport charges, and an appeal on this basis will be found. Under no circumstances let them know the driver's ID!
Title: PCN Apcoa Parking - Use of Drop Off without valid payment - Heathrow T4 Drop Off
Post by: markeman on August 24, 2025, 05:46:20 pm
Hi folks

PCN just received, no appeal made yet (I took the advice given on another thread re. not confirming the driver's identity!).

Situation:

Why Apcoa's Heathrow Autopay site can't support multiple vehicle registrations when their Luton one can seems a bizarre gap to me.  My instinct was to appeal on the basis I can demonstrate intent to pay by having both vehicles registered with their Luton Autopay, their Heathrow Autopay vehicle registration limit increases the chance significantly of errors such as this one, having to remember to change the vehicle each time I do a drop off makes the Autopay feature pointless.

Having said that, I realise it's a gamble they'll waive the PCN, and I suspect the advice here will be to take a more certain route towards that outcome.  I would welcome thoughts, thank you as always.