Luton airport PCN- just checking something

benson1980

As per above, won't bore anyone with details but standard stopping on roundabout, cue letters etc etc.

Registered keeper (other half) was not the driver at the time. In fact, registered keeper can be seen in picture we got sent, legging it from vehicle as she was just about to miss her flight.

Now I would just like to double check- advice on here stipulates standard letters of appeal. We haven't done anything on the basis that there appears no jurisdiction to request drivers details from keeper, and we can easily prove keeper was not driving. There is one snippet of advice which states ignore (from searching) as they don't know who the driver is. I just want to double check that we are on safe ground on this one as the other half is flapping a bit about letters she keeps getting sent.

Thanks!

Nodding_Donkey

Read the newbies thread in the Parking forum. Ignoring (unless in Scotland) hasn't been the advice for a couple of years now.

tykesi

I love how when Newbies claim to have searched the ONLY thing they actually take in is any advice to ignore from threads YEARS ago. I can see the appeal (pardon the pun) of this being the easiest and least work route but when the most up to date threads are screaming that they should appeal it's amusing that they still ask whether they can ignore or not!!

benson1980

tykesi wrote: »

I love how when Newbies claim to have searched the ONLY thing they actually take in is any advice to ignore from threads YEARS ago. I can see the appeal (pardon the pun) of this being the easiest and least work route but when the most up to date threads are screaming that they should appeal it's amusing that they still ask whether they can ignore or not!!

How helpful. I have done copious amounts of searching. Advice to ignore is from October this year. Plus what do you class as a newbie seeing as you joined the forum after me?

I did mean to post this in the parking forum. My mistake.

Nodding_Donkey

Can you post a link to the advice to ignore from October 2014?

The Newbies thread on the parking forum tells you everything you need to know.

here's a clue: Read the bit about resetting the clock.

benson1980

https://forums.moneysavingexpert.com/discussion/5074755

Bit about resetting the clock clearly stipulates that this does not apply for airport and that "the keeper has no liability there anyway". So for me I interpret that to mean that I can ignore it. I shall try and get this post moved to the right forum as that was a mistake on my part.

bazster

Ignoring is always an option, and if that's what you are determined to do then just do it, you didn't need to come here to get your intentions validated. You just need to understand the potential consequences.

APCOA has a big problem at Luton Airport because it's not "relevant land" and there is no keeper liability. Indeed if you carefully read the Notice you got from them you will see it doesn't actually claim the keeper is liable, it merely invites the keeper to pay.

There is nothing to stop APCOA filing a court case against the keeper claiming that, on the balance of probabilities, the keeper was driving. They've never done this, to our knowledge, and personally I think it's about as likely as someone enjoying a Ryanair flight. But it's possible, and they've got up to six years to make up their minds about it.

One thing is for sure, if you continue to ignore you will continue to get silly threatening letters for some time.

The alternative is to appeal to PoPLA, but it sounds like you've left it too late to do so as the keeper. You could try "resetting the clock", but if you do you've thrown away the "no keeper liability" defence.

One more thing is absolutely for sure, your attitude here towards people who offer help for free and on their own time is not calculated to get you any more help than this.

Nodding_Donkey

if you ignore it then they can commence court proceedings anytime for the next 6 years.

Yes you can go to court and use their photo as proof that the RK wasn't driving.; Will the RK then tell a district judge that she doesn't know who was driving?

Much easier to see this off at POPLA.

All the info you need is in the newbies thread.

benson1980

Ok think I'll leave it at that, cheers.

Coupon-mad

Don't ignore it. Please just appeal and win at POPLA - it's what the 'NEWBIES PLEASE READ THESE FAQS FIRST!' sticky thread is all about. And it really does scream it out at the top of the forum, in capitals.

benson1980 wrote: »

https://forums.moneysavingexpert.com/discussion/5074755

Bit about resetting the clock clearly stipulates that this does not apply for airport and that "the keeper has no liability there anyway". So for me I interpret that to mean that I can ignore it. I shall try and get this post moved to the right forum as that was a mistake on my part.

Your post is on the right forum. But the interpretation is wrong, no-one here has said ignore for nearly two years (in England/Wales).

benson1980

Coupon-mad wrote: »

Don't ignore it. Please just appeal and win at POPLA - it's what the 'NEWBIES PLEASE READ THESE FAQS FIRST!' sticky thread is all about. And it really does scream it out at the top of the forum, in Capitals.


Your post is on the right forum. But the interpretation is wrong, no-one here has said ignore for nearly two years (in England/Wales).

It is now yes as I asked for it to be moved. Thanks- the above link (post 4) must a be a bit of an anomaly or incorrect advice then I guess.

My specific question really was- there is mention on these forums of bylaws on airport ground and therefore Section 4 of the freedoms of information act not applying. Also as Bazster states, there is a request on the letter for drivers details- no reference to what statute/law this is requested under. Bazter- I have absolutely no issue with them pursuing us on the balance of probabilities; as per my first post the photos show clearly the RK exiting from the passenger door. I wasn't asking about methods to appeal; I was asking for clarification on this bylaw which searching on here and googling doesn't specifically answer, and neither does it in the newbie thread unless I'm missing it.

If there is anyone who can clarify the point above just in case I need it (incidentally the notice exceeds 14 days anyway so looks like thats an immediate get out unless I am mistaken) that would be greatly appreciated.