Thanks, b789
This was going to be my response
"This Parking Charge Notice ("PCN") was issued to me as the registered keeper of the vehicle, and I am appealing as such. Heathrow Airport (including the drop-off zone) is not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012 (as it is covered by airport bye-laws), so the operator cannot transfer liability to the keeper. Furthermore, even if (which is not the case) the drop off zone is relevant land, the PCN does not comply with the requirements of the POFA, Schedule 4, paragraph 9. As there is no legal requirement for the registered keeper to identify the driver, I will not be doing so.
APCOA cannot hold a registered keeper liable. As a matter of fact and law, APCOA (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'. If the Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift and another matter entirely, but 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 byelaws penalty that goes to the public purse) and APCOA has relied on contract law allegations of breach against the driver only. The registered keeper was not that driver and cannot be presumed to have been, nor pursued under some twisted interpretation of the law of agency.
Additionally, a £5 payment covering the service was already made prior to the date of issue of this notice, further highlighting how much of a waste of time this exercise is"
Feel free to add/delete as necessary. I'm unsure about the last sentence. I had paid after the 48 hours but before the issue of notice, not sure if it's relevant or not.
thanks.
