Heathrow T3 Drop Off PCN Appeal

davidhee58

Hi, 

 I am a newbie and recently received a parking charge notice as a registered keeper from APCOA for use of drop off zone without makeing a valid payment.After reading some posts here, I appealed my PCN online at APCOA website with the following grounds:

1. the PCN was issued to me as keeper, and I am appealing as such. I have no obligation to identify the driver, therefore, I decline to do so;
2. Heathrow Airport (including the drop-off zone) is not “relevant land” for the purposes of Schedule 4 to the Protection of Freedoms Act 2012 (“POFA”), so the operator cannot transfer liability to the keeper;
3. even if (which is not the case) the drop-off zone is relevant land, the PCN does not conform to the statutory requirements of paragraph 9 of Schedule 4 to POFA so there can be no transfer of liability to the keeper;
4. the keeper asserts all defences available to the driver including inadequacy of signage and failure to notify the parking charge before conclusion of the contract and reserves the right to expand on such points in light of the operator's evidence when supplied.

To be honest, I don't quite understand the legal basis why the APCOA can't transfer the liability to the keeper for the drop off charge, is it because the heathrow drop off zone is NOT "relevsnt land"?  in POFA, it is defined that  “relevant land” means any land (including land above or below ground level) other than—

                                                       (a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

                                                       (b)a parking place which is provided or controlled by a traffic authority;

                                                       (c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
If the drop off zone is NOT the relevant land, is it because (a), or (b) or (c)? my anothere question is why the APCOA still can't transfer the liability to the keeper even if the drop-off zone is relevant land? 

It would be very appreciated if any expert could clarify my silly questions above.

I am still waiting for the outcome of my appeal from APCOA, hope they will cacncel my PCN. 

 

B789

It is not relevant land because the airport is covered by bylaws. All you need to know is that because it is not relevant land, POFA does not apply and therefore, liability cannot transfer from the driver to the keeper.

Coupon-mad

It's also because APCOA don't bother to ever use the POFA warning and wording that the keeper is liable!  Crashingly obvious when you look at para 9 of Schedule 4.

You cannot lose at POPLA stage and APCOA know that, so they'll probably give up early.

Please report back the outcome.  Easy as pie, APCOA ones.

davidhee58

Thank you both very much, will keep my fingers crossed, definately will report back the outcome when I receive the response from APCOA.

B789

If APCOA don't drop this, I'll eat my hat. They usually respond without admitting you are correct but say that you are a very naughty boy and you must follow their rules in future. In the meantime, they have cancelled your PCN.

davidhee58

after ~10 days waiting, i received the APCOA response to my appeal today: Thank you for your letter received on 27 January 2023 regarding the above Parking Charge Notice (PCN). Having considered the circumstances, we have cancelled the Parking Charge Notice 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 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. Please retain this letter as proof of cancellation, should you need it in the future. Yours sincerely, APCOA Customer Support Centre, APCOA Parking (UK) Ltd acting on behalf of Heathrow Airport Limited. APCOA Standard response letter template Thanks you all for your kind advices!

Coupon-mad

Nice.  Easy when you know how!

davidhee58

Standard APCOA Response Letter Templat:

Thank you for your letter received on 27 January 2023 regarding the above Parking Charge Notice (PCN). Having considered the circumstances, we have cancelled the Parking Charge Notice 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 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.

Please retain this letter as proof of cancellation, should you need it in the future.

Yours sincerely,

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

B789

B789 said:

If APCOA don't drop this, I'll eat my hat. They usually respond without admitting you are correct but say that you are a very naughty boy and you must follow their rules in future. In the meantime, they have cancelled your PCN.

Damn... I was looking forward to eating my chocolate hat!

Why is everybody copying that response letter from APCOA. We already told you what they were going to say. You're just wasting electrons!

Le_Kirk

I see their gesture of goodwill is still to "waiver" rather than "waive"; anyway you won't care, it's gone.  Well done!

Coupon-mad

It does make me laugh when the thick idiots use the word 'waiver' wrongly!