APCOA PCN for Heathrow - Keeper not driving.

twiddle60

I have received a PCN for not making a valid payment at the Drop off zone in Heathrow Terminal 2. I have read the Newbies thread and very happy to send an initial appeal.

However, there is a particular aspect of my situation that I would like advice on:

My vehicle was driven into Drop Off Zone, by an employee of the parking firm that I paid to park my car while I was abroad. This was due to them not being able to provide transport for us from the parking drop off to the Terminal. They did tell me that they would be responsible for paying the charge. I have approached the company about this and another matter and in both cases they are not responding.


I do not know the name or details of the driver, but do know the details of the company. Would it be in my interest to just pass over the details of the company to APCOA or will it just get bounced back to me if the company refuse to accept responsibility - which they will. I do not have any written documentation to confirm that they were driving the vehicle.

Trainerman

Are you sure that you have no documention? No invoice for collecting the car and storing it for you?

twiddle60

Yes, but nothing to indicate that they were driving the car. The information from them was that they would provide a minibus to and from the terminal - in fact they dropped us of and returned the car to us at the airport. Not a company I would use again.

Half_way

If your sole complaint is that they were caught out by APCOAs grubby money making scheme at Heathrow .

You should be able to tell APCOA to FO

To whom it may concern RE PArking charge notice xxx issued at Heathrow Airport

 The land in question is subject to by-laws ( statutory control)  and as such you can not rely on the provisions under the Protection of freedoms act to transfer liability

 

For the avoidance of any doubt I as registered keeper was not the drive at the time, the vehicle was in the hands of a third party airport parking service . As stated this land is under statutory control .

 You will need to contact the driver, of which could be any employee of the parking service - I am not required to, neither will i attempt to name the driver.

Other than an acknowledgement that this matter has been resolved and the "parking " charge cancelled i do not expect to hear from you again , or anyone else who you may attempt to appoint again."

DO NOT send that word for word - odds on its full of typos grammar errors and so on its to give you an idea - look at it work it out and post up your version here.

And if your only complaint about the airport parking service is you ended up with a PCN from APCOA then, there is not really any complaint to be made at all

Coupon-mad

These are easy to appeal and kill off as long as you don't say who was driving so it will be dead easy to just use the forum template and adapt it as suggested above.  100% win at POPLA awaits you.

Le_Kirk

To whom it may concern RE Parking charge notice xxx issued at Heathrow Airport.

The land in question is subject to bye-laws (statutory control) and, as such you cannot rely on the provisions under the Protection of freedoms act to transfer liability to the keeper.

 

For the avoidance of any doubt I, as registered keeper, was not the driver at the time; the vehicle was in the hands of a third party airport parking service . As stated this land is under statutory control .

You will need to contact the driver, of which could be any employee of the parking service. I am not required to, neither nor will I, i attempt to name the driver.

Other than an acknowledgement that this matter has been resolved and the "parking" charge cancelled i I do not expect to hear again from you again , nor anyone else who you may attempt to appoint.

Some adjustments above.

twiddle60

I have re-written it only slightly:

To whom it may concern RE Parking charge notice xxx issued at Heathrow Airport

The land in question is subject to by-laws ( statutory control)  and as such you can not rely on the provisions under the Protection of Freedoms Act 2012 to transfer liability to the keeper of the vehicle.

For the avoidance of any doubt, I as the registered keeper was not the driver at the time. The vehicle was being driven by an employee of a third party airport parking service. 

You will need to contact the driver, who could be any employee of the parking service - I am neither required to nor able to name the driver.

Other than an acknowledgement that this matter has been resolved and the "parking" charge cancelled, I do not expect to hear from you again. This includes from anyone else who you may attempt to appoint in the future.


Do I need to add anything else from the standard template?

Half_way said:

And if your only complaint about the airport parking service is you ended up with a PCN from APCOA then, there is not really any complaint to be made at all

Not the only thing - they returned the vehicle with a 12" crack in the windscreen, but I take your point.

Coupon-mad

Do I need to add anything else from the standard template?

Nope, that's fine as long as you only select registered keeper and not 'driver' when appealing.

twiddle60

Thanks for all the help so far.

Logged on to the heathrowdropoffpcnpayments.apcoa.com page listed as the place for appeals on the PCN I received. Enter the details and get a page saying I can no longer pay and that the charge has been passed to a Debt Collection Agency. I was away for over 2 months and didn't get the PCN or reminder until I returned home. There is no link to make an appeal.

Is it too late to appeal?
Appeal by post as I have an address on their site?
Recommendations for my next step?

Coupon-mad

Fill in the transfer of liability slip, naming the Airport parking firm and attaching a copy of your proof the car was booked over to them that day and that you were booked on a flight.

Take a photo or hard copy for yourself, and post the other copy to APCOA by taking your envelope to a PO counter and getting a FREE certificate of posting. No sending it signed for (think about it).  A cert if posting is a little receipt so keep it stapled to your copy of the transfer slip, as proof you did what was required to transfer liability.

They MUST transfer liability.

Do the same to the DRA if you get silly letters.  No worries!

I'd also do a complaint to the Airport themselves, that two of their agents appear to gave conspired (deliberately or negligently) against a genuine patron and APCOA are hounding the wrong person, so what are the Airport going to do about it before you involve your MP?

Then do involve your MP later if you feel you need back up.

twiddle60

Thanks again.

No transfer of liability slip, so I will just send a letter with the relevant details.

Silly letter from Debt Recovery Plus has arrived today, so easy enough to copy the information to both.

Coupon-mad said:

 No sending it signed for (think about it). 

Not that it matters, but I have tried thinking about it and can't think of a reason - they already know who I am as they sent the letter to me.