Free Traffic Legal Advice

A PCN was received for using the pick up/drop off area without paying the £5 fee.
The keeper of the car challenged on the basis that the configuration of the parking facilities in LLA keeps on changing since the fire a couple of years back - navigating to the correct parking area is a hassle as is! The keeper challenged and advised APCOA that they had understood that up to 5 minutes was free. They were there for less than two minutes so didn't think the fee was payable.
Challenge was refused.
In challenging the keeper may have implied they were the driver at the time.
Is there anything that can be done at this time?
Thanks for your help!

Oh dear... has the driver definitely been identified? Don't worry too much but had you used the correct appeal and only as the Keeper, this would have been over.

APCOA are not litigious and you are unlikely to be the first. However, you are now going to have to go through the whole process of appealing to POPLA who are likely to reject any appeal if you've been outed as the driver which then leads on to a period of multiple debt recovery letters which you can safely ignore.

Eventually, they will stop and that will be the end of it. If only'd discovered this for before you appealed.

Appeal, as per the post I linked (but modify given you have identified the driver of course), expect to have your appeal rejected, and then use the letters from debt collectors for your cat or similar. APCOA don’t do court, but if they did you have a defence up your sleeve anyway. Pay nothing. Your choice.

Hi there. Apcoa have now responded to the appeal to Popla. As expected, they've pointed out that the subsequent claim conflicts my initial claim. Popla now giving me the opportunity to respond to Apcoa evidence. Is there anything I should enter?

Cheers

See here:

As far as I understood from previous poster jfollows; the appeal probably wouldn't be successful in any event

Yes, we got our wires crossed because the original poster didn’t post any documents sent/received and I wrongly concluded was talking about the first appeal to APCOA. We are where we are.

I have no idea now. Show is, chronologically, what you have submitted as your initial appeal to APCOA and what your secondary appeal to POPLA. Also, show us the operators evidence you have received.

You can host that on DropBox or Google Drive and then we can at least know where you are and what you can rebut. You have 7 days from the date you received the operators evidence pack to respond.

Thanks. Here's what I initially appealed to Apcoa with:
"Since the fire in the multistorey carpark a couple of years ago, the layout in London Luton Airport is continually changing. The drop off/pick up area has moved and the signage changes every time. It is not helped by the fact that previously there was a barrier to exit and payment was taken immediately. It is immensely confusing. When I saw the area marked out, I had understood that the first five minutes of parking time is not charged, so being that I was in for less than two minutes, I had understood that I did not need to pay. If that was incorrect then I'd of course be prepared to pay the original charge, but I'd appreciate if you could cancel the PCN."

They of course rejected and provided multiple images of the signage.

I then took sent the following to Popla:
“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 NCP 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.”

Their rejection to this can be seen in the doc uploaded to the Google Drive link above.

Hope that helps.

Any chance of a rebuttal?