Author Topic: APCOA PN - Stansted Airport set down without valid payment  (Read 1177 times)

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APCOA PN - Stansted Airport set down without valid payment
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Hi all. I stumbled across this site after trying (& failing) to visit Pepipoo, of which I was a lurker & received help with previous issues.

I’ve received the attached PN from APCOA for not paying the set down fee at Stansted Airport. I knew it was in the pipeline as I had attempted to pay (from abroad) but was unable to. I tried calling them & using their online chat but after over an hour each time, I gave up & decided to wait for the dreaded PN - which I was prepared to pay until I came across this wonderful “new” site.

I received it on 28th July and after searching for similar cases here,  appealed the same day using the template given re PoFA and airport land etc.

I have only, so far, received the acknowledgment email but knowing it will progress, thought I’d start a thread now for when that time comes.

I am the RK, although it is a motability vehicle (hence the PN, I presume, stating Company Secretary) & so don’t physically hold the V5C

To confirm, I wasn’t the driver & was being dropped off to catch a flight (that I can prove).

If there’s anything else I should do in the meantime, please let me know & many, many thanks in advance.



https://imgur.com/a/1L1haSz

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Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #1 on: »
Can you let me know if you can see the photos I’ve uploaded and whether they’re set for the right privacy etc

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #2 on: »
Can you confirm what you submitted as your appeal?

As long as you quoted PoFA and didn't say who was driving, the likelihood is that they will cancel.

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #3 on: »
Thanks for the swift reply. This is what I used & made no mention of who was the driver.

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 Stansted Airport is not 'relevant land'.

If Stansted 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 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.

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #4 on: »
I will accept any bets at 10:1 odds that it will be cancelled as long as the driver has not been identified. Any takers?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #5 on: »
I have every faith in your confidence! The irony is, if they had have answered my call / web chat and allowed me to pay (albeit late) then they would have had their £7. Do you think they will cancel it at this stage or will I need to go through the motions of POPLA and the worthless stream of debt collecting letters? 

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #6 on: »
There's every chance that the £7 goes to the airport, not APCOA.

They'll almost certainly cancel at this stage.

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #7 on: »
There's every chance that the £7 goes to the airport, not APCOA.

They'll almost certainly cancel at this stage.

That suggests that ACPOA  (Airport Parking Corporation of America), the largest parking company ever, are doing it for nothing.

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #8 on: »
That suggests that ACPOA  (Airport Parking Corporation of America), the largest parking company ever, are doing it for nothing.
Given that parking companies often operate on a model of retaining 100% of the revenue gained from issuing parking charges (the majority of which are paid), I'm not sure it suggests that at all.

The model may be different at Stansted of course, but a model where the landowner keeps the drop-off fee, and APCOA keep any revenue from enforcement action against non-payers, would be entirely normal.

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #9 on: »
Morning, gang. Today I have received this from APCOA. Should I just ignore it or reply along the lines with “I do not have to and will not supply this information”?

We have carefully reviewed your appeal and understand that you were not the driver at the time the
alleged contravention took place.

To allow us to fully investigate your case, we kindly request that you
provide the following details of the driver:

• Name and Surname
• Complete address including postcode

Please provide your information within 14 days of the date of this letter of request.

We have placed your case on hold for 14 days to allow you to comply with this request.

Alternatively, you can send your evidence to: AppealEvidence.MAGParking@apcoa.com

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #10 on: »
You can simply ignore that fishing exercise. Personally, I prefer to mess with the intellectually malnourished minds that get to actually read the response and would respond with the following:

Quote
Subject: PCN [reference] – Vehicle [VRM] – Keeper Response

To: APCOA Parking (UK) Ltd

Dear Sir/Madam,

I write as the registered keeper.

Your latest letter is a time-wasting, template fishing exercise. You already know that Schedule 4 PoFA does not apply on airport land governed by byelaws; Stansted is not “relevant land”. You chose to issue a private contractual charge aimed at a driver, not a byelaws penalty. Keeper liability is not available to you.

To be absolutely clear:

• I decline your request to name the driver. There is no legal duty to assist your case.
• Your NtK cannot transfer liability to the keeper.
• Re-asking for driver details will not make an inapplicable statute suddenly apply.

Your options are therefore binary and limited to:

1. Cancel the PCN, or
2. Provide a POPLA verification code so this can be concluded.

If you persist with template demands, or pass my data to any third party while this matter remains contested, I will treat it as misuse of personal data and escalate formal complaints to the DVLA, BPA, and ICO without further notice. I will not correspond with debt collectors.

Kindly spare us both any further boilerplate. Either cancel it or issue POPLA.

Yours faithfully,

[Name]
Registered Keeper
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #11 on: »
Superstar, as ever, B789! I will send that this evening. I’m happy to waste their time and be as sarky as possible!

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #12 on: »
Quite unusual that they haven't just cancelled it outright. Wonder if they're trying a new tactic.

Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #13 on: »
Yes they are. Over on MSE there are now many cases of these phishing letters. They have probably noticed a drop in income and are trying a new tactic to scare the low-hanging fruit on the gullible tree to pay up.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: APCOA PN - Stansted Airport set down without valid payment
« Reply #14 on: »
Afternoon. Just to let you know I received an email today from APCOA informing me they had “carefully considered” my appeal and have cancelled the notice.

Thanks again for all your help, it’s very much appreciated!
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