Another APCOA Heathrow PCN capitulation on appeal

B789

Thanks to @Coupon-mad and all the other experts on this forum, I appealed an APCOA PCN as the Keeper although, I decided to use a slightly different format than the forum sticky version.

The appeal:

Re PCN: HF1234567

VRM: AB123CDE

Date of issue: 32 August 2022

I am the registered keeper. I was not the driver. Your NTK is non POFA compliant. APCOA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

APCOA cannot hold a registered keeper liable. As a matter of fact and law, APCOA (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'. If the Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift and another matter entirely, but not only is that not pleaded, it is also not legally possible because APCOA is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for APCOA’s own profit (as opposed to a byelaws penalty that goes to the public purse) and APCOA has relied on contract law allegations of breach against the driver only. The registered keeper was not that driver and cannot be presumed to have been, nor pursued under some twisted interpretation of the law of agency.

The response:

PARKING CHARGE NOTICE NUMBER: HF1234567

VEHICLE REGISTRATION: AB123CDE

CONTRAVENTION DATE: 32 August 2022

Thank you for your letter received on 32 September 2022 regarding the above Parking Charge Notice (PCN).

Thank you for your recent correspondence in relation to the above-mentioned Parking Charge Notice. 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 payment to use the drop off area is required to be made online or by phone. As stated above, the terms and conditions 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.

Yours sincerely,

APCOA Customer Support Centre, APCOA Parking (UK) Ltd acting on behalf of Heathrow Airport Limited.

patient_dream

Brilliant .. I think APCOA got the picture

"On this occasion, we will waiver this PCN as a goodwill gesture"

Such JOKERS, what option did they have ?

Coupon-mad

Perfect - easy when you know how with APCOA!

Le_Kirk

patient_dream said:

Brilliant .. I think APCOA got the picture

"On this occasion, we will waiver this PCN as a goodwill gesture"

Such JOKERS, what option did they have ?

Did they mean waive?  Waiver is a noun, they needed the verb but still, well done to you @B789.

Coupon-mad

Always makes me laugh; a lot of PPCs say 'waiver' as if it's a verb.  Makes them appear thick as a knuckle-dragging clamper.

fisherjim

What they actually mean is:

We have prepared this cancellation template for those that have taken advice from MSE parking forum!

holt2156

Hey I am having the same problem and going to use the same wording you used above to send to them. Did you send as a written letter or email please? Many thanks!

patient_dream

holt2156 said:

Hey I am having the same problem and going to use the same wording you used above to send to them. Did you send as a written letter or email please? Many thanks!

Don't make it identical because they will think there is a template and despite their own templates they will knock an MSE templates ..... so many jokers in this parking industry

Email should be fine

patient_dream

Le_Kirk said:

patient_dream said:

Brilliant .. I think APCOA got the picture

"On this occasion, we will waiver this PCN as a goodwill gesture"

Such JOKERS, what option did they have ?

Did they mean waive?  Waiver is a noun, they needed the verb but still, well done to you @B789.

As they say .... ignorance is bliss

B789

holt2156 said:

Hey I am having the same problem and going to use the same wording you used above to send to them. Did you send as a written letter or email please? Many thanks!

I sent it as a PDF attachment. As Patient_dream says, it is not meant to be a template. I decided to construct it from several other elements from other similar threads on here.

The main point to make is that they cannot hold the keeper liable because of the lack of POFA and not relevant land.

You could try just using the first paragraph on its own. Technically, that should be enough. (Thanks to @Coupon-mad)

I am the registered keeper. I was not the driver. Your NTK is non-POFA compliant. APCOA has no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

holt2156

They do not have any emails address on the letter so am I to send it to an email on the debt recovery website?