Heathrow T5 drop-off zone PCN appeal success APCOA

stonechat

An update:  The keeper of the vehicle got a PCN for "use of drop-off Zone without making a valid payment" in June 2022. Furious. The driver went straight through without stopping, while trying to navigate safely the complex, busy one way-systems. Sought advice from this forum and studied the various notices here. 

The text of the appeal to Apcoa: 

I dispute your 'parking charge', as the keeper of the vehicle.  I deny any liability or contractual agreement.   There will be no admission as to who was driving and no assumptions can be drawn.  Your PCN gives no explanation or evidence of dropping off or parking.   Your notice does not comply with the Protection of Freedoms Act 2012 (PoFA).    I urge you to withdraw this Parking Charge Notice.  In the event that you pursue this, I will appeal to POPLA. 

Extract from response from APCOA:

"Having considered the circumstances, we have cancelled the PCN on this occasion.  In your appeal you have explained that you are the registered keeper of the vehicle and declined the invitation to provide us with the full name and address of the driver.

On this occasion, we will waiver this PCN as a goodwill gesture, but must inform you that the terms and conditions in this location advise the driver that they must pay for each visit to the site.  Signage is displayed at the approach to this drop off area, along the location and upon exit, advising all motorists that a pyment to use the drop off area is required to be made online or by phone.  As stated above, the terms and conditons

 of using the drop-off zones are displayed by way of clear signage.  It is the responsibility of the motorist to read and comply with the signage on site."

So, many thanks to everyone who advised, we're very pleased.  What with everything that was going on in our lives at the time, we did think about just coughing up, but we were so annoyed about being charged for just driving through, we thought we'd give it a go.

 

Coupon-mad

This is interesting because you got the charge but only drove through.  This is connected to a complaint in hand at the BPA but I need evidence that people driving through are being ticketed within minutes.

Could you show me a redacted photo of the NTK please? Don't show your name and address or car reg but do show the timings. I need an image to show the BPA.

stonechat

I think they gave just over a minute! The problem is that it's very difficult to get out of the lane, with the speed and volume of traffic and lots of lanes coming up in quick succession.  And then you're trapped, with no opportunity to escape, as it were. . 

I described it in an earlier post:

https://forums.moneysavingexpert.com/discussion/6326476/heathrow-t5-drop-off-zone-apcoa-parking/p4

I'll do the photo, but give me a few minutes to hook up to the scanner!

Castle

I'm guessing that the PPC failed to comply with the 5 minute consideration period required under 13.1 of the BPA code.

stonechat

I'll message you with it. 

stonechat

Castle said:

I'm guessing that the PPC failed to comply with the 5 minute consideration period required under 13.1 of the BPA code.

They didn't say why of course!

Coupon-mad

Castle said:

I'm guessing that the PPC failed to comply with the 5 minute consideration period required under 13.1 of the BPA code.

Yep and that's the issue. They are treating it as a no entry zone. Not acceptable.  NCP have the same at Gatwick. Not OK.

I got the pm so many thanks, @stonechat, it's exactly the evidence I needed for my complaint.

stonechat

I'm really pleased to help!