Author Topic: APCOA Parking PCN - Leaving Vehicle Unattended - Manchester Airport Lower Drop Off Forecourt T1  (Read 38 times)

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Swahbi

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Hi,

Upon entering the drop off area, the driver saw the charges and the length of time corresponding to them but didn't notice anything stating they shouldn't leave the car unattended. The driver parked in the drop off area and assisted a family member taking their luggage to check-in. The driver returned to find two parking officers standing by the car, this is when the driver found out they shouldn't have left the car unattended, apologised and explained so to the officers. They paid the drop off charge on their phone and left. On the 23rd of October, I, the registered keeper, received a PCN through the post. I have uploaded the notice I received, however, I was unable to get photos of the signage.

https://ibb.co/fznhVDRs
https://ibb.co/0pKb68KV

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jfollows

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Just search the forum for
APCOA Manchester
and you will find a defence:
Quote
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 '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.
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