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Which driver would be liable?
B789
Posts: 3,441 Forumite
This is just a hypothetical situation as I am responding to a PCN from APCOA as the registered keeper for non-payment of the drop-off fee at Heathrow.
The two occupants of the vehicle (driver and passenger), will not be named. The initial driver was due to fly out of Heathrow and stopped at the drop-off zone. They exited the car and went off to catch their flight. The passenger in the car then moved to the drivers seat and drove off.
Whilst this PCN is being challenged on the basis of no keeper liability, if it wasn’t, which driver would have been liable for the non payment? The driver who drove into the drop-off zone or the driver who drove out of the drop-off zone?
The two occupants of the vehicle (driver and passenger), will not be named. The initial driver was due to fly out of Heathrow and stopped at the drop-off zone. They exited the car and went off to catch their flight. The passenger in the car then moved to the drivers seat and drove off.
Whilst this PCN is being challenged on the basis of no keeper liability, if it wasn’t, which driver would have been liable for the non payment? The driver who drove into the drop-off zone or the driver who drove out of the drop-off zone?
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Comments
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Liability would be with the person who drove in to the zone, as he/she would have seen the signs saying £5 fee, and be deemed to have accepted the contract.
Therefore, if that driver is not named, it all hinges on whether the PCN is POFA compliant, in order that liability can be transferred to the RK.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.5 -
Which APCOA ones never are (even outside of Airport land) and so the keeper wins the appeal.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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