Hi all,
I received the usual PCN from APCOA for not paying for the drop off stay on time. Luckily there's plenty of appeal templates to find here.
I will appeal using the template below but I wanted to ask if it's worth mentioning that the airport stay was actually paid, just a few hours late? APCOA requires payment to be made before midnight next day and in this instance it was done after midnight next day - a few hours late. The greedy twats got their money in full and issued a PCN anyway.
The template I found on other posts:
"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."