Author Topic: APCOA PCN - Vehicle Left Unattended - Luton Airport free Drop Off area near Mid Stay Car Park  (Read 857 times)

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The car was parked in a pick up lane (as directed by one of the marshalls). While the driver went to help the person being picked up with the luggage from the pedestrian crossing on the main road ( which took no more than 5 mins) a PCN was left on the windscreen of the car. The reason for a £95 charge is "Vehicle Left Unattended in Drop Off Zone".

The PCN states the vehicle is a black Mazda with the registration LN17NMY, whereas the vehicle is a blue Mazda.


Unfortunately there are no photos of the signage available and their policies are not to be found anywhere online. On the Luton airport site, it is mentioned 15mins free parking. The street view of the area is not updated.

The only document available is the PCN left on the windscreen. No appeal was made yet.

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Appeal only as the Keeper on Monday 6th January on their website with the following:

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 Luton Airport is not 'relevant land'.

If Luton 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 NtD 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.

They have no idea who the driver is. Do not select any drop down menus or tick boxes that indicate you are the driver. You select Keeper only or "Other".

The Keeper is under no legal obligation to identify the driver to an unregulated private parking company.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain