Free Traffic Legal Advice

Please tell us you didn't tell APCOA who was driving at the time? The probable reason no initial Notice to Keeper was received is because the V5C has not been updated since the last change of address. Updating the drivers licence does not automatically update the V5C with the DVLA. You can get that done online now.

You are past the appeals stage where this could have very easily been closed off with a very simple appeal. However, you can try a formal complaint to APCOA (only in the name of the Registered Keeper) which they must then also accept as an appeal according to the Private Parking Single Code of Practice (SCoP) section 11.2 which states:

11.2. Where a parking operator receives a complaint that it considers to be or include an appeal against the validity of a parking charge, the parking operator must also treat it as an appeal for the purposes of applying the timescales in Clause 8.4, and should inform the complainant as such unless and until it is clear that the complaint is not relevant to an appeal or the complainant informs the parking operator that they do not wish it to be so handled.

NOTE: It might not be immediately apparent that a complaint served as such relates to one or more specific parking charges, possibly by way of a clarification that reveals that an appeal would be worthwhile, hence parking operators are advised to record and handle complaints as appeals until they are found conclusively not to be so or patently refer to matters not relevant to the validity of a parking charge.

Your formal complaint should be only from the Keeper as follows:

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 As I did not receive the original Notice to Keeper, likely due to an outdated address on the V5C, this correspondence should be treated as an appeal in accordance with Section 11.2 of the latest Private Parking Single Code of Practice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]

Had this been appealed initially within the appeal period, this appeal would have been successful and APCOA would have cancelled it. At this stage, they may decide not to. However, that is no big deal. APCOA are benign and will never resort to litigation.

Even if you did nothing and simply ignored all the debt collector letters, they would eventually stop and that would be the end of it. They rely on the low-hanging fruit on the gullible tree to capitulate and pay up out of fear and ignorance of the law and their rights.