Luton airport PCN- just checking something

Nodding_Donkey

I can't see ignore being advised in that thread except for a comment by the person asking for advice

Coupon-mad

I am not sure what your question is, but I will try even though this has been covered so many times already, I realise it's news to newbies:

- are there bylaws at UK Airports = yes.

- does the POFA 2012 apply where byelaws apply? = No.

- can there be keeper liability? = No, not here.

And this is covered on every single APCOA Airport thread you care to read, and is a feature of the winning template POPLA appeal example in post #3 of the NEWBIES thread - pretty sure there's an APCOA Airport example right there under the link 'How to win at POPLA'. That sticky thread - which I wrote as people needed a central point of info - also gives you a link to the law if you 'want to dig deeper'. Look at the link to Schedule 4 and you find the definition of 'relevant land'. Google search for information about Schedule 4 of the POFA and relevant land and you find it discussed since 2012 (on forums and by the BPA even) that Aiports, Quays, Ports and Railway stations are not 'relevant land' because they are under statutory control of byelaws instead.

A keeper can't lose at POPLA unless they've said who was driving like some numpty, in an early appeal. So - just challenge it as keeper and then win at POPLA! This isn't even difficult or new and certainly the post you found was not an anomaly or incorrect advice. It's been discussed all over Airport threads every time, for two years.

Both appeal stages you now need, are already written (found in the Newbies thread) for the keeper to copy.

there is a request on the letter for drivers details- no reference to what statute/law this is requested under

Guess why? Because they are not allowed to cite the POFA as it doesn't apply so they are merely 'asking' speculatively for the one detail they need. Don't give it.

benson1980 wrote: »

(incidentally the notice exceeds 14 days anyway so looks like that's an immediate get out unless I am mistaken)

True - but pretty much irrelevant detail, as it's not a 'POFA-compliant' NTK anyway. It's (let's say) an old-style driver-only NTK, they could have taken weeks over it before posting it, there's no 14 day rule where POFA doesn't even apply because that 14 day deadline comes from the Act and only relates to NTKs where a PPC is trying to establish keeper liability. APCOA are not trying to say there is keeper liability - they know they are stuffed and have been slapped by the BPA about it before, hence the lack of 'POFA' mentioned on the Notice and the hopeful request for the driver's details, to bother them instead!

You already have at least 2 x immediate get-outs: the fact that this isn't relevant land = no keeper liability and the fact the charge is not a GPEOL (See the NEWBIES thread for forum acronyms).

benson1980

Google search for information about Schedule 4 of the POFA and relevant land and you find it discussed since 2012 (on forums and by the BPA even) that Aiports, Quays, Ports and Railway stations are not 'relevant land' because they are under statutory control of byelaws instead.

This bit answers my question- thank you