Free Traffic Legal Advice

Hi all,
just to update, I received an email today from APCOA - the charge has been cancelled! Thank you very much to everyone for the advise - you've been really helpful!

Sorry, here is the back page.

I've already submitted the appeal with the above-mentioned wording, as registered keeper, hope I haven't done wrong.

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Hi all,

I hope you can help.

As the registered keeper of the vehicle, I've just received a Parking charge from APCOA 'For the alleged contravention of: Use of Pick Up / Drop Off Zone without making a valid payment at Luton Airport Pick Up / Drop Off Zone.

I am planning to submit an appeal but wanted to check for an advise beforehand. In short, by going to Luton airport, the driver of the vehicle who's never been there before, got confussed by the whole layout, the building works going on ect and just accidently passed through this zone, without any intention to drop off or pick up anyone or to use that zone whatsoever. The timing, as visible on the PC is just slightly over 1 minute. The driver then went and parked at Terminal Car park 1 and paid the necessary fee for parking there.

I was planning to submit an appeal as above, providing proof of the car park 1 payment, however I've read on this forum that similar appeals have been rejected, and people were advised to appeal by submitting the below text:

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.

Just wanted to double-check whether this will be the best way to go in my case too.

Thank you very much for any advise offered.


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