Registered keepers vehicle allegedly drove through a drop off zone at Manchester airport T1 around 2 weeks ago. The keeper has now received a pcn from APCOA PARKING.
It was around 10pm. Can this be appealed please
TIA
Easy one to deal with… as long as the
unknown drivers identity is not revealed. There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the
unknown driver is not identified, they cannot transfer liability for the charge from the
unknown driver to the
known keeper.
Use the following as your appeal. Only appeal as the Keeper. No need to embellish or remove anything from it:
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 Manchester Airport is not 'relevant land'.
If Manchester 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.
Thank you b789 for quick reply.
I have attempted to log into the appeal site at APCOA and details are not showing now, a pop up message states
It looks like our system can’t currently find a match
It did few days ago along with photos of vehicle
Apologies, can someone please explain statutory control in regards to airports please
Apologies, can someone please explain statutory control in regards to airports please
What do you mean by ‘statutory control’?
What may not be the answer to your question: some land, especially railway, port and airport land is covered by byelaws which define how transgressions such as parking without paying are treated.
The major point is that these transgressions are criminal offences and have to be prosecuted as such, with any money resulting going to the Crown.
Companies like APCOA like to pretend this isn’t the case, and try to treat the land as if byelaws didn’t exist, so that
they get any money instead.
In order to be able to transfer liability for the charge from the unknown driver to the known keeper, the operator has to comply with all the requirements of PoFA. However PoFA does not apply to land that is under statutory control, such as airports, which are covered by statutory byelaws.
As such, land under statutory control means that there can be no keeper liability. As APCOA have no idea who the driver is, unless the Keeper blabs it to them, the have to cancel the PCN.
Hi again.
I have today received a debt letter from Debt Recovery Plus for the amount of £170. I did not appeal straight away as I did't know how to, however, I did visit the appeal site and it was there.
I then was in a position to appeal following your instructions but on doing so my details had disappeared from the site, I tried several times to sign in but it was gone and did not recognise my details.
Too late to appeal now. All you can do now is weather the useless 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.
APCOA do not litigate so, eventually, it will all stop. It's just a pity you din't appeal in time as you could have avoided all the wasted paper from the powerless debt collectors.
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