Author Topic: Apoca Manchester terminal 2  (Read 139 times)

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Apoca Manchester terminal 2
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The registered keeper received a parking charge for using the pick up drop off zone. There is an expectation to call or going online to pay the fee within a certain amount of time. There are cameras to track entry and exit.

Normally the aircraft flies into terminal 3 and the payment for pick up is made using a token that is provided upon arrival. As such you cannot exit without physically paying. As there is a barrier.

Because of the difference between terminals and how the payments and exits work and the unexpected change of terminal. The registered driver simply forgot to go online and pay.

Advice on what  next steps would be amazing.

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Re: Apoca Manchester terminal 2
« Reply #1 on: »
Please show us the notice so that we are not advising blind. Once we've seen it, we can advise on an appeal that currently has a 100% success rate.

Re: Apoca Manchester terminal 2
« Reply #2 on: »
You will then probably see some of the advice to be similar to that you were given for Liverpool Airport some ten months ago. The difference is that VCS goes down the route to a small claims court, whereas APCOA doesn’t do court, so will cancel on receipt of an appropriate appeal.

Re: Apoca Manchester terminal 2
« Reply #3 on: »
https://ibb.co/fYdbCwPH

Here you go. Thank you so much. This is amazing help.

Re: Apoca Manchester terminal 2
« Reply #4 on: »
By default, any contract that was formed (if at all) was between APCOA and the driver of the vehicle. The problem for APCOA is that they do not know who was driving, so have written to you, the registered keeper instead. There is a legal mechanism for parking companies to recover private parking charges from the registered keeper, in certain circumstances - this is Schedule 4 of the Protection of Freedoms Act (2012) (PoFA).

Schedule 4 of PoFA is only applicable on "relevant land". As Manchester Airport is subject to byelaws, it is subject to "statutory control", and as such, not relevant land for the purposes of Schedule 4 of the Protection of Freedoms Act, meaning they cannot hold the keeper liable.

You could therefore appeal along the lines of the below.

Dear Sirs,

I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I am appealing as the registered keeper of the vehicle. There is no obligation for me to name the driver and I will not be doing so. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act").

Even if you were seeking to do so, as Manchester Airport is not "relevant land" as defined by The Act you are unable to recover the charge from me, the keeper.

I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

Make sure you only select "keeper" in any drop down boxes on the appeal portal - do not tell them who was driving.

Re: Apoca Manchester terminal 2
« Reply #5 on: »
Amazing. Thank you. The Liverpool one - I am still being called by the DCL folk on a regular basis 👀