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« on: April 29, 2025, 07:03:16 pm »
Thanks. Here's what I initially appealed to Apcoa with:
"Since the fire in the multistorey carpark a couple of years ago, the layout in London Luton Airport is continually changing. The drop off/pick up area has moved and the signage changes every time. It is not helped by the fact that previously there was a barrier to exit and payment was taken immediately. It is immensely confusing. When I saw the area marked out, I had understood that the first five minutes of parking time is not charged, so being that I was in for less than two minutes, I had understood that I did not need to pay. If that was incorrect then I'd of course be prepared to pay the original charge, but I'd appreciate if you could cancel the PCN."
They of course rejected and provided multiple images of the signage.
I then took sent the following to Popla:
“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 Luton Airport is not 'relevant land'. If Luton 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 NCP 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.”
Their rejection to this can be seen in the doc uploaded to the Google Drive link above.
Hope that helps.
Any chance of a rebuttal?