Free Traffic Legal Advice

I lease a car in a company name.

The lease company has emailed me scans of two parking charges. I think I understand the appeal, having read other threads. The lease company are giving my company details to APCOA. My question is; should I appeal now or wait for the parking charge to come through in my company name?

Are you a director of the company? The lease company should pass the Hirer details to APCOA and they should then issue a Notice to Hirer (NtH) in the company name. If you are a director of the company and are authorised to respond on the company behalf, then no problem.

However, if you are an employee of the company and you are authorised by the company to the the car, then you will need a Letter of Authorisation (LoA) from the company for you too deal with it.

Whatever happens, as long as the NtH is responded to with the following (adjusted slightly if you are only authorised by the company rather than a director) it will be cancelled:

I am the Hirer. APCOA cannot hold a Hirer 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 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 Hirer cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtH 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.

Let me know if you are not a company director and I will give you a slightly edited version.

In which case use the following wording in the appeal section:

I appeal for and on behalf of [Company Name], the Hirer named on your Notice to Hirer. APCOA cannot hold a Hirer 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 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 Hirer cannot be presumed or inferred to have been the driver, nor pursued under any interpretation of the law of agency. Your NtH 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.

Make the appeal in the company’s name — i.e., the legal entity named on the Notice to Hirer. As a director you should sign it “for and on behalf of [Company Name]”, not in a personal capacity. Do not identify or imply who the driver was.

Yes, you select "Keeper" or "Other" if there is an option.

The NtK is addressed to the company and you state in the appeal part that you are responding as a named director. That is sufficient, so you can put your actual name down there.

More good news!

Both tickets have been voided.

Thanks for all your help.