Hi, I'm writing on behalf of the registered keeper who received a PCN from APCOA (attached at bottom) while they were away from home. The keeper returned after the appeal period so they posted a late appeal through an online customer service/complaint form on APCOA website. They have since received 2 Debt recovery plus letters (ignored as per the usual advice), one is attached for reference. I will quote the keeper's late appeal below:
"Dear APCOA Appeals Team,
I am the registered keeper of vehicle BLANK and I respectfully request that you exercise your discretion to consider this appeal out of time.
Unfortunately, I was away from my home address for a period and was therefore unable to deal with the Parking Charge Notice within the standard appeal period. I only became aware of the matter after the appeal window had expired. In the circumstances, I would be grateful if you would accept this appeal for consideration despite it being submitted outside the usual timescale.
As this appeal is being submitted for your consideration, I also request that the Parking Charge Notice is placed on hold and that you instruct your debt recovery agent, Debt Recovery Plus Ltd, to suspend all collection activity pending the outcome of this appeal. This would avoid unnecessary correspondence while you review the circumstances and determine the appeal.
I appeal as the registered keeper. I am under no obligation to identify the driver and I decline to do so.
My grounds of appeal are as follows:
1. You are unable to transfer liability to the registered keeper pursuant to Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) because the airport drop-off zone is not “relevant land” as defined by Schedule 4.
2. Even if (which is denied) the land in question is relevant land, your Notice to Keeper does not comply with the requirements of Schedule 4, paragraphs 9(2)(e) and 9(2)(f) of POFA.
Furthermore, as the registered keeper I am entitled to rely upon all defences available to the driver, including (without limitation):
3. The parking charge is not notified until after the contract is entered into and, under the principles established by the Court of Appeal in Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, does not form part of any contract between the driver and APCOA.
4. The signage at the location is not compliant with the BPA Code of Practice. The vehicle was present within the drop-off zone for no more than five minutes and the driver is entitled to the five-minute consideration period required by the BPA Code of Practice.
Any one of the above grounds is sufficient to require cancellation of this Parking Charge Notice.
In light of the above, I respectfully request that you cancel the Parking Charge Notice. If, having considered this appeal, you are not minded to do so, I would appreciate it if you could explain the basis upon which you consider the registered keeper to be liable in the circumstances of this case.
I look forward to your response.
Yours faithfully,"
This was sent 20 days ago, today the keeper has received this email response from APCOA: "Thank you for contacting Manchester Pick Up and Drop off Complaints Department.
Firstly we would like to apologise for the time taken to respond. While we aim to reply within the timeframes stated in our correspondence, on occasion delays may occur due to the volume of enquiries being handled. We can only apologise about this delay.
Parking Charge BLANK was issued due to no valid payment for use of the drop-off area on 14/05/26. The original letter was issued on 22/05/26 and provided 28 days in which to either submit an appeal, or settle with payment. As no action was taken within this time frame, unfortunately the charge was referred to Debt Recovery Plus.
With regard to your reference of Thornton v Shoe Lane Parking, the terms and conditions governing the use of this drop-off zone are clearly set out on-site. By entering the area, the driver agrees to these terms. As the drop-off zone is managed by ANPR cameras and operates without barriers or staffed entry points, there is no requirement for pre-contract information to be provided before the contract is formed.
The British Parking Association (BPA) Code of Practice allows for a 5-minute grace period in car parks. However, as this charge pertains to a Drop-Off zone, the grace period does not apply.
We also note your comments regarding signage. APCOA is an approved operator under the British Parking Association (BPA), and the signage at Manchesters Express Drop Off was reviewed and approved by the BPA prior to installation. Larger signs on approach roads, as well as entry and exit points, comply with the Traffic Signs Regulations and General Directions legislation, while smaller pricing and terms and conditions signs meet BPA standards. Motorists pass multiple signs before entering the chargeable area and are not obligated to use the drop-off zone.
As you have mentioned that you was away from your home address for a period of time, we would be willing to review this further for you, if you can provide supporting evidence of this.
Please provide this evidence at your earliest convenience.
Yours Sincerely,
Hollie
Complaints Handler
APCOA Parking "
Of course they have not responded to the keeper's main defence - not being the driver. While the keeper was away from their home address for a period, they were staying with family elsewhere in the country, should they provide evidence for this? And if so what evidence could they provide? From my knowledge there were no train tickets bought etc. What would you advise as an appropriate response? Thank you very much to anyone who has taken the time to read and advise!
PCN and Debt letters
