Author Topic: PCN - Manchester Airport drop off - Nov 25  (Read 667 times)

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PCN - Manchester Airport drop off - Nov 25
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Hi,

The driver had a surprise when receiving this PCN. It appears as though there is a barrierless chargeable drop-off zone they went through and were unaware.

https://photos.app.goo.gl/s8Krq3ZzF8D92bPq5

They were driving on their way to the airport multi-storey car park and their sat nav took them through this drop-off area. It was night/dark, raining, and they noticed no signs it was chargeable (I've uploaded a screenshot from Google Maps of their route - the yellow highlight area is apparently the APNR bit). Their vehicle DID NOT stop/park (the 1min 20seconds from entry to exit, was the time it took to drive the road distance), and then moment later they entered and used the T2 Multi-Storey West car park

The driver obviously wants to contest this charge as
1. They didnt know they would be charged to drive through
2. At no time did they stop/park the vehicle in this area
3. They were on their way to the multi-storey, which they used moments later (which I assume they have on record as it had cameras)


They've written the below appeal to APCOA with the help of chat GPT - I'd love your feedback on if this is a suitable appeal response or if it can be improved. Thanks!


Subject: Parking Charge Notice [PCN Number] – Formal Appeal

Dear APCOA Parking,

I am the registered keeper of the vehicle referenced in your Parking Charge Notice.

I am appealing this charge on the basis that no parking or stopping occurred, no contract was formed, and inadequate signage failed to alert the driver that they were entering a paid drop-off zone.

1. No stopping, no parking – vehicle was only driving through

Your ANPR images show an entry-to-exit period of only 1 minute 20 seconds.
During this time, the vehicle did not stop, did not drop off passengers, and did not park. It was simply driving through the roadway, attempting to reach the T2 Multi-Storey West car park.

The BPA Code of Practice defines parking/stopping as a deliberate stationary event.
This did not happen.

2. The driver was navigating to the T2 Multi-Storey West car park

The driver was using sat-nav guidance, which directed them through what appeared to be the normal access road to the multi-storey car park. The layout funnels vehicles directly through this area, and in darkness and rain it was not apparent that this was a chargeable zone.

3. Signage was insufficient to form a contract

At the time of travel it was dark and raining, and the signs indicating that the area was a paid drop-off zone were not visible or prominent before entering.

The BPA Code of Practice (Section 19) requires that:

Signs must be clear, prominent and adequately lit

Drivers must have the opportunity to review terms before entering a contract

This was not the case here.

4. Evidence of immediate entry into the official airport car park

Immediately after passing through the drop-off zone, the vehicle entered the T2 Multi-Storey West car park, where it legitimately parked.

ANPR/barrier logs will confirm this.

This clearly shows:

The driver was not intending to use the drop-off zone

The route was taken solely to reach the car park

There was no motive or benefit in avoiding payment

5. Grace periods apply

The BPA Code of Practice requires reasonable observation and grace periods, especially when:

Road layouts are confusing

Drivers are unfamiliar with the airport

Signage is not clearly visible

1 minute 20 seconds is fully consistent with a driver simply navigating through in moving traffic.

Conclusion

Because the driver:

Did not stop or park

Saw no clear signage

Immediately proceeded to the official multi-storey car park

Spent only 1 minute 20 seconds moving through

Could not reasonably have reviewed or accepted any terms

…no parking contract was formed, and the charge must therefore be cancelled.

I request that this PCN be cancelled. If you reject this appeal, I require a POPLA code so the matter can be assessed independently.

Yours faithfully,
[Your Name]
Registered Keeper

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Re: PCN - Manchester Airport drop off - Nov 25
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The driver hasn't received anything. APCOA don't have any idea who was driving, they have written to the keeper of the vehicle.

As Manchester Airport is subject to byelaws, it is subject to "statutory control", and as such, not relevant land for the purposes of Schedule 4 of the Protection of Freedoms Act, meaning they cannot hold the keeper liable. You could therefore simply appeal along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I am appealing as the registered keeper of the vehicle. There is no obligation for me to name the driver and I will not be doing so. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act").

Even if you were seeking to do so, as the Manchester Airport is not "relevant land" as defined by The Act you are unable to recover the charge from me, the keeper.

I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,


If appealing online, make sure there are no drop down boxes etc. that force/trick you into revealing who was driving - you are appealing as the keeper, and saying nothing about who was driving. If you are not the registered keeper of the vehicle, with the V5C in your possession, tell us, as the appeal will be different.