Author Topic: Gemini - Copthall  (Read 66 times)

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Gemini - Copthall
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Received this PCN from Gemini regarding parking at Copthall.

Google Docs · drive.google.com


Is this appeal template usable (once customised) for this PCN?

Thanks



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 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.
« Last Edit: Yesterday at 04:59:07 pm by benlandau »

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Re: Gemini - Copthall
« Reply #1 on: »
Where is Copthall and is it land under statutory control?

If not, the appeal is irrelevant, however Gemini is owned by APCOA and doesn’t take people to court.

https://www.ftla.uk/private-parking-tickets/debt-recovery-plus-copthall-leisure-centre-london/msg44437/#msg44437 contains helpful information I think
« Last Edit: Yesterday at 05:59:38 pm by jfollows »

Re: Gemini - Copthall
« Reply #2 on: »
Thanks for this Jfollows

Barnet Copthall Leisure Centre, located in (and, I think, set upon land owned by), London Borough of Barnet

google.com




Re: Gemini - Copthall
« Reply #3 on: »
We'll need to see the back of the notice.

Re: Gemini - Copthall
« Reply #4 on: »
Thanks - it can be seen here

Google Docs · drive.google.com

Re: Gemini - Copthall
« Reply #5 on: »
Okay, so they do not appear to be relying on POFA.

Re: Gemini - Copthall
« Reply #6 on: »
Thanks. What does that mean in terms of the appeal I should put in, if anything?

Re: Gemini - Copthall
« Reply #7 on: »
You appeal as the registerd keeper on the basis that the driver has not been identified, and will not be identified, and that they are not using the provisions of PoFA 2012 (
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
legislation.gov.uk
) to transfer the liability from the unknown driver to the registered keeper, you can not be liable for payment of their invoice.
There are many examples on the forum of similar appeals.

Or you can follow up with the information in the link I provided and get the leisure centre to cancel it anyway.

Remember that they don’t “do” court anyway.