3. Stansted airport pcn coming in the post
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Stansted airport pcn coming in the post
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Hi all - again!

I seriously didn't think I would be back on the forum so fast but I guess the nature of the work means it's inevitable  ::)

There will be a pcn coming my way I'm sure because the auto pay account of the driver of the vehicle who dropped off in Stansted Airport failed due to a failed card payment (card fraud warranted a replacement card). The new debit card had not been updated on the auto pay account in time (they give you until midnight the following night to pay).

So, I am asking for pre-advice....

I can pay the parking amount now for the 14th August but the actual day that the driver went to Stansted was the 13th August or do I just sit it out and wait for the fine?

Kind regards as always
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Re: Stansted airport pcn coming in the post
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DO the following if you receive an NtK and you will not pay a penny to APCOA. DO NOT identify the driver. They have absolutely no idea who the driver is unless the Keeper blabs it, inadvertently or otherwise.

This is guaranteed to get the PCN cancelled as long as you only appeal as the Keeper with the following. DO not try to edit or change anything:

Quote
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 Stansted Airport is not 'relevant land'.

If Stansted 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 NA’PCOAs 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.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Stansted airport pcn coming in the post
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Thanks b789 - I will sit tight until the rubbish comes in the post and will appeal it as per your post.

Kind regards
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Re: Stansted airport pcn coming in the post
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Once again you are 1000000000% correct b789  ;)

Received the cancellation letter from APCOA today.

Thanks all over again for your advice, yet another one bites the dust!

Until next time which I keep my fingers crossed won't be any time soon.....keep up the fantastic work - you are all an amazing bunch of people  :)
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