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Another APCOA Heathrow PCN capitulation on appeal

135

Comments

  • fisherjim
    fisherjim Posts: 7,111 Forumite
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    B789 said:
    As a matter of interest, does anyone know how the fees are distributed? Does the £5 charge go to the airport or APCOA or are they supposed to survive on the gullible many who just fork out the £40 to avoid the higher fee?

    I suppose APCOA won't want the airport to ask them to issue Penalty Charge Notices based on airport Byelaws as they wouldn't earn anything from that.
    HAL came up with this load of old baloney:

    The charge, which was proposed in 2020, is part of our updated Surface-Access and sustainability plans. The scheme helps to prevent a car-led recovery and to reduce airport-related traffic.

    Income from the charge contributes to new sustainable transport initiatives at the airport, with additional revenue helping lower overall airport charges. The pandemic has severely affected the airport; the charge allows us to continue investing in congestion-reducing, Surface-Access projects and protecting jobs at Heathrow.

    Heathrow was the last major UK airport to introduce drop-off charges. Similar drop-off charges were already in place at all nine of the UK’s other major airports. The Terminal Drop-Off Charge replaces our previous plans to introduce a Heathrow Ultra-Low Emissions Zone (HULEZ) by 2022 and a Heathrow Vehicle Access Charge (HVAC).



  • Le_Kirk
    Le_Kirk Posts: 24,698 Forumite
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    Makes you wonder how they managed before the charge was introduced!
  • Umkomaas
    Umkomaas Posts: 43,436 Forumite
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    The scheme helps to prevent a car-led recovery 
    What does that mean?  I'd have thought they'd be grateful for any kind of post-pandemic recovery, whatever was leading it!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
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    Also, I bet no-one is checking whether the supposed car deterrent is actually 'preventing' or reducing traffic.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • B789
    B789 Posts: 3,441 Forumite
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    edited 26 September 2022 at 2:02PM
    I think they use this when they make up that bovine excrement:

    http://www.plainenglish.co.uk/gobbledygook-generator.html


  • rs3591
    rs3591 Posts: 3 Newbie
    Name Dropper First Post
    Hi all. Jumping on this thread. I emailed the template on this chat to apcoa but received the following reply! What should I do?

    My email: 
    Re PCN: xxxxxxx

    VRM: xxxxxxx



    Date of issue: 29 May 2023


    I am the registered keeper. I was not the driver. Your NTK is non POFA compliant. APCOA have no hope at POPLA, so please save us both 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.

    Their response: 

    Good Morning,

    Thank you for contacting Heathrow drop off general enquiries,

    To transfer liability over to the person that was the driver at the time of the contravention date. Please submit an appeal via X and provide the drivers details so that we can transfer the liability over to them and then get the parking charge notice re-issued to the correct person.

    Kind Regards,
    Jack Speakman

    ……….



  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
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    Log it properly on the heathrow apoca appeals site for starters
  • rs3591
    rs3591 Posts: 3 Newbie
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    Sorry what do you mean? Do I appeal and give driver details? 
  • Coupon-mad
    Coupon-mad Posts: 152,819 Forumite
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    rs3591 said:
    Sorry what do you mean? Do I appeal and give driver details? 
     Of course you don't.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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