Free Traffic Legal Advice

Hi folks

PCN just received, no appeal made yet (I took the advice given on another thread re. not confirming the driver's identity!).

Situation:

• I have two vehicles, both are registered with Apcoa Luton Drop Off for Autopay.  Unfortunately Apcoa's Heathrow website only allows one vehicle to be registered for Autopay which I had forgotten about
• I recently made a drop off at Heathrow T4 and intentionally did not make manual online payment believing Apcoa Autopay would take care of it.  The vehicle I used was not the one registered with Apcoa Heathrow Autopay

Why Apcoa's Heathrow Autopay site can't support multiple vehicle registrations when their Luton one can seems a bizarre gap to me.  My instinct was to appeal on the basis I can demonstrate intent to pay by having both vehicles registered with their Luton Autopay, their Heathrow Autopay vehicle registration limit increases the chance significantly of errors such as this one, having to remember to change the vehicle each time I do a drop off makes the Autopay feature pointless.

Having said that, I realise it's a gamble they'll waive the PCN, and I suspect the advice here will be to take a more certain route towards that outcome.  I would welcome thoughts, thank you as always.

Simply appeal with the following as the Keeper and they will cancel:

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.

If they send a letter/email stating that they require the drivers details, just ignore it. They WILL eventually cancel.

I can confirm the appeal template given here has got a Heathrow T2 and T5 drop off zone PCN cancelled for me recently.

Thank you to all the good people who help here. Heroes!