Free Traffic Legal Advice

Hi all.

Just checking that the following is still the correct response to APCOA for NtK at East Midlands Airport Pick Up / Drop Off Zone



"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 East Midlands Airport (EMA) is not 'relevant land'

If EMA 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."

Many Thanks in advance

Thanks @ b789
I will.

and @ jfollows. I am not 'hijacking' the thread. I am merely asking swim80 if he has had a reply because, as I have already explained, my circumstances and the pcn are precisely the same. I am sorry if this confuses you

I am interested in what happens to swim80 as mine is exactly the same circumstances and exactly the same document that has arrived.
Mine differs from that of swim80 only, of course, in PCN number, registration, photos and date. Otherwise it is a carbon copy
So I am still very interested to know the  outcome, swim80