Heathrow Drop Off PCN - Driver (at & until Drop Off T2) Lives Abroad

Reguknow

I am the Registered Keeper. My son drove my car with me as the passenger and I slept most of the way. I was waking up as we arrived at T2 drop off Heathrow and he got out and I took over driving and left. MY SON LIVES ABROAD. I did not see any signs about paying later. I received the PCN yesterday. My question: should I a) provide my son's name and address abroad (USA), or b) use the standard appeal as the Registered Keeper ?

Le_Kirk

I would say if he was genuinely driving (insured to drive the car would be good evidence later in the process if required) then you use the tear-off slip at the bottom of the PCN to transfer liability and send that back to the PPC; you will need to provide a real address overseas.

B789

I would just appeal on the basis that it is up to the PPC to identify the driver, which wasn't you. You are under no legal obligation to reveal the identity of the driver. As it was not on relevant land, liability cannot automatically transfer from the driver to the keeper no matter how desperate the PPC is. So, drop the claim.

If you want to be a bit more formal, here is an appeal I wrote a few months ago for the exact same situation and the PCN was cancelled:

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.

Grizebeck

The above is good

Coupon-mad

Yep.  That will win.  No need to name the driver.

Reguknow

Thanks for the above suggested way forward. I will use it. There is no 'tear off slip' but I guess I should use the appeal route and the on-line address on the reverse of the PCN, ie : 'heathrowdropoffpcnpayments.acpo.com' and wait until near the 28th day as advised elsewhere.. Much appreciated. 

Grizebeck

No dont wait no need. Not relevant here
Jusy log it now

Randomly_assigned

I'm in the same situation (although Heathrow T3 rather than T2). The option 'I was not the driver at the time of the alleged contravention' on the online appeal form won't complete unless I enter at least 5 characters in each of the name, address and postcode fields under 'drivers details'. Am I OK to put 'unknown' in each of these?
Thanks

KeithP

Randomly_assigned said:

I'm in the same situation (although Heathrow T3 rather than T2). The option 'I was not the driver at the time of the alleged contravention' on the online appeal form won't complete unless I enter at least 5 characters in each of the name, address and postcode fields under 'drivers details'. Am I OK to put 'unknown' in each of these?
Thanks

Please @Randomly_assigned, can I ask that if you have any further questions, you start a new discussion about your incident?
It's just that trying to deal with two incidents by two different people in the one discussion inevitably leads to confusion.  

Grizebeck

No you dont put that!!
. Dont select i was not the driver on that particular  form . Any other option then do a standard " get lost apoca" appeal 

Coupon-mad

I agree with Grizebeck.

Why on earth are you choosing to tick that you were not the driver?  It's not what we advise anywhere.

Not saying who was driving is not the same as denying driving.