He a trawl through the other threads, and seems this is winnable just need to formally complain to APCOA using below template, although the address on my V5 is correct, I just didn’t get the initial PCN. Will probably omit that part in my case:
Subject: Formal Complaint and Appeal Against Parking Charge Notice
To Whom It May Concern,
I am writing to formally complain about and appeal the Parking Charge Notice (PCN) issued to me. As I did not receive the original Notice to Keeper, likely due to an outdated address on the V5C, this correspondence should be treated as an appeal in accordance with Section 11.2 of the latest Private Parking Single Code of Practice (SCoP).
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 Heathrow Airport is not 'relevant land.'
If Heathrow 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.
Please confirm receipt of this correspondence and confirm whether you will cancel the PCN or provide evidence to rebut the points raised.
Yours sincerely,
[Your Full Name]
[Your Address]
[PCN Reference Number]
