on: July 23, 2024, 01:39:40 pm
#1
Hi,
Apologies as this topic has been asked before - I have seen numerous posts about this situation but just wanted to make sure that I do everything right and was looking for some guidance. I forgot to pay for the drop off charge at heathrow and I have recently received a letter from them giving notice and asking for £80 (£40 within 14 days). I understand that I can just appeal and they should cancel as people were advised on other posts.
Here is the letter I received:
https://ibb.co/8srQV3dDo I appeal on their online portal? When I appeal I was planning on using this text (found on another post on this site)
This Parking Charge Notice ("PCN") was issued to me as the registered keeper of the vehicle, and I am appealing as such. Heathrow Airport (including the drop-off zone) is not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012 (as it is covered by airport bye-laws), so the operator cannot transfer liability to the keeper. Furthermore, even if (which is not the case) the drop off zone is relevant land, the PCN does not comply with the requirements of the POFA, Schedule 4, paragraph 9. As there is no legal requirement for the registered keeper to identify the driver, I will not be doing so.
APCOA cannot hold a registered keeper liable. As a matter of fact and law, APCOA (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'. If the Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift and another matter entirely, but 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 byelaws penalty that goes to the public purse) and APCOA has relied on contract law allegations of breach against the driver only. The registered keeper was not that driver and cannot be presumed to have been, nor pursued under some twisted interpretation of the law of agency.
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The other day, a parking enforcement officer stopped me and said “You can’t park here. It’s badge holders only.”
I looked them in the eye and said, “Good to know - I do have a bad shoulder."
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You build a hundred bridges: nothing.
You build two hundred houses: silence.
You sort out ONE parking ticket: “Hey can you help post on FTLA and sort out my PCN real quick?
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