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 InterCity125

Hi everybody!  I had a similar occurrence at the petrol station at East Mids.  I received the customary PCN from a firm called VCS.  This was my reply to them....
( They have a drop down list for you to choose a reason for the appeal )
*  Despite the drop down reason given is ''there was no signage at the car park'', I cannot say for sure  if there was signage or not, I can only state that I DID NOT SEE any signage.
However, and more importantly, I am the registered keeper but VCS cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control, which East Midlands Airport certainly is. As a matter of fact and law, VCS will be well aware that they cannot use the PoFA provisions because East Midlands Airport is not 'relevant land'.
If East Midlands 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 VCS is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for VCS's own profit (as opposed to a bylaws penalty that goes to the public purse) and VCS 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 . Your NTK can only hold the driver liable. VCS  have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.  VCS has issued an invoice that, by law, can only hold the driver liable, not the keeper. Please note the Protection of Freedoms Act2012(Sch 4), confirmed in Appeal Court judgment VCS v Ian Edward.  I therefore, I require you to cancel the PCN and expunge my personal data from your records.

signed
*******

This is an appeal by the registered keeper - No driver details will *ever* be given. Please do not bother with your known fishing expedition in an attempt to get driver details.  It is known parking firms do this to try and get around the fact when there is no keeper liability in play. (and never can be under POFA)
Three weeks later the owner of the car received this:
We refer to correspondence received from you concerning the above numbered Charge Notice.
Please note that responsibility for this Charge lies with the driver of the vehicle at the time the parking contravention
was observed. However, we are unable to ascertain who the driver was on the date in questions from the information
given within your appeal.
In order for us to process your appeal correctly, please follow the instructions below:
1. If you were the driver on the day in question, please confirm this within your next correspondence.
2. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forename
and Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.
3. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirming
that you are authorised to appeal on his/her behalf; this needs to be an original signature and not a photocopy or a
stamp. The statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULL
SERVICEABLE ADDRESS.
Please ensure that correspondence is submitted through the portal www.myparkingcharge.co.uk in order to correctly
adhere with the appeals process.

Is there a templet for a reply / another appeal, or do I just tell them to jog-on?
Thank you in anticipation for your help.