3. Heathrow PCN : inadvertently went through drop off not car park but did not stop!
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Heathrow PCN : inadvertently went through drop off not car park but did not stop!
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Hi Folks

The driver of my car accidentally took the left hand lane at the top of T5 parking ramp, realised error and drove straight through the drop off zone with out stopping, circled round and entered the car park for advance booked valet parking.

Having researched, they assumed that there would be no PCN issued as they did not stop and the system would recognize this.

PCN has arrived to me as keeper of the car!

I know that I can appeal a Heathrow PCN and have successfully done as keeper of vehicle etc but before I do , I am interested as to what my legal position is, given the car did not stop and literally went straight round. On googlesearch there seem to be varying stories as to automatic cancellation through to needing to appeal showing payment of the parking on the same day/time.

It's not a biggy but just annoying for me as keeper to deal with.

Thanks
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Re: Heathrow PCN : inadvertently went through drop off not car park but did not stop!
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Easy peasy. Simply appeal to APCOA as the Keeper with the following which is guaranteed to get it cancelled, as long as you don't edit or try and enhance it. Only select any options as "Keeper only" or, preferably "other":

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 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.
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