Hello
Please help. the registered keeper received a parking charge notice for allegedly not paying the fee at Luton airport drop off. However the PCN was not received at the time and the keeper was unaware of the charge until much later. (PCN attached)
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Welcome to FTLA.
As Luton Airport is subject to byelaws, it is subject to "statutory control", and as such, not relevant land for the purposes of
Schedule 4 of the Protection of Freedoms Act, meaning they cannot hold the keeper liable. You could therefore appeal along the lines of the below:
Dear Sirs,
I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I am appealing as the registered keeper of the vehicle. There is no obligation for me to name the driver and I will not be doing so. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act").
Even if you were seeking to do so, as the Luton Airport Pick Up / Drop Off Zone is not "relevant land" as defined by The Act you are unable to recover the charge from me, the keeper.
I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.
Yours,
If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them. Please let us know when you get a response.
Thanks so much your for quick reply.
I tried to submit an appeal but the following message appears.
"Sorry, we cannot find this ticket - please check the details you have provided are correct".
Please can you advise.
Thanks again
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APCOA has not fully complied with POFA – the wording is deficient.
Therefore, they cannot transfer liability to the keeper if the driver is not named.
The keeper has no legal obligation to name the driver.
Use this template ______
APCOA Parking UK Ltd
PCN Number: [Insert PCN number]
Vehicle Registration: [Insert vehicle reg]
I am the registered keeper of the vehicle. I am appealing this Parking Charge Notice on the grounds that your Notice to Keeper does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA).
Your notice fails to meet the mandatory wording and requirements set out in POFA, and as such, you are unable to transfer liability to the keeper. I am under no obligation to name the driver and will not be doing so.
Therefore, I expect this notice to be cancelled. Should you reject this appeal, I require a POPLA code so the matter can be referred for independent adjudication.
Kind regards,
[Your Name]
Registered Keeper
No Clear Statement That They Are Relying on POFA
POFA Schedule 4, paragraph 9(2)(f) requires a specific statement:
“the creditor has the right to recover from the keeper so much of the unpaid parking charges as remain unpaid...”
APCOA’s PCN does not include this wording. Instead, it says:
“We invite you, the Registered Keeper, to pay...”
This wording is non-binding and fails to establish keeper liability under POFA.
also, No Mention of “Period of Parking”
POFA 9(2)(a) requires the PCN to “specify the period of parking to which the notice relates”.
Your PCN only gives entry and exit timestamps (ANPR capture). This refers to total time on site, not a clearly defined "period of parking".
POFA case law (such as POPLA appeals and ICO guidance) confirms that entry/exit times alone don’t satisfy the requirement for a defined parking period.
also2, Wording Implies Driver Liability Only
The “USEFUL INFORMATION” section says:
“As we do not know either the name of the driver or their current address, we invite you...”
And:
“Please note making payment... is accepting liability.”
This again undermines POFA compliance. Under POFA, if they wish to pursue the keeper, they must do so unambiguously and legally — not with invitations or requests.
also3, Lack of Mandatory POFA Warning About 28-Day Liability
POFA 9(2)(f) also mandates a warning that if the keeper does not provide driver details within 28 days, they may be held liable.
This PCN does not include that statutory warning.
Thanks so much your for quick reply.
I tried to submit an appeal but the following message appears.
"Sorry, we cannot find this ticket - please check the details you have provided are correct".
Please can you advise.
Thanks again
Where did you go to appeal - try
https://lutondropoff.apcoa.com/
APCOA has not fully complied with POFA – the wording is deficient.
More importantly, parking in the area is subject to statutory control in the form of byelaws, meaning the land is not "relevant land" for the purposes of PoFA - so it is not possible for APCOA to comply, regardless of the wording on their notice.
@ticketterminator, you are not providing correct information. PoFA is irrelevant with regard to PCNs issued for alleged contraventions on land that is under statutory control. The land is not 'relevant'.
So, trying to appeal on the fact that the NtK does not comply with PoFA is not the point. All the operator needs to do is turn around and say that they are not relying on PoFA.
Any appeal has to simply state that there is no Keeper liability on land that is under statutory control. There are two versions of the appeal template we use on here, depending on who advises first,
@DWMB2 or myself.
@DWMB2 has already provided a template that will get a cancellation, guaranteed, as long as the Keeper can get it submitted.
Thanks all for your input.
Yes, I am trying this link.
https://lutondropoff.apcoa.com/A message appears stating we cannot find this ticket.
I am unable to find any email to submit the appeal.
Try submitting here:
https://pcnpayments.apcoa.co.uk/pcnonline/index.phpOn their 'contact us' page, they have a "live chat" (not), but you can leave a message for them, so you can use that to tell them about the problem.
Just remember to only refer to the driver in the third person. You are the Keeper. No "I did this or that", only "the driver did this or that".
Hi,
I have tried to raise an appeal on the given address (
https://pcnpayments.apcoa.co.uk/pcnonline/index.php). But it does not give me any option and a message appears saying "Sorry, we cannot find this ticket - please check the details you have provided are correct". Is it because the 28 days have been passed?
Also the live chat has given me the below details.
All appeals and representations must be made in writing, we cannot accept appeals by phone or email. All appeals against your notice MUST be made either through our secure online portal- View the evidence, pay or challenge my Parking Charge Notice (PCN/ECN/PN) (apcoa.co.uk)
Or alternatively, in writing at the address below within 28 days of the date of issue.
Appeals should be made in accordance with the terms and conditions of parking.
Please provide the notice reference number and your vehicle registration with your appeal.
PO Box 1010
Uxbridge
Middlesex
UB8 9NT
Thanks again for your help and support.
Ah yes, hadn't seen the issue date. That'll be why.
Find their complaints contact details and send it there. They'll say it's out of time but it puts them on notice that you'll not be paying.
Hi,
Hope you all are okay.
I have attached the reply from debt recovery. Sorry for the bad quality, I am out of time for work and my uncle has taken the picture.
Thanks in advance for your help.
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You can safely ignore all debt recovery letters. Debt collectors are powerless to do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear. You can shred anything from a debt collector and we don't need to know about it.
Eventually, APCOA will give up. They do not litigate.
However, if you really are bothered, you can submit a formal complaint by email to ukcustomercomplaints@apcoa.com, only as the Keeper stating that you were unable to submit an appeal and then explain to them that you are the Keeper, you decline to identify the driver and that they cannot pursue you because the location is not relevant land.
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