LHR appeal

tobeloy

I have drafted this for a friend who has been caught at Heathrow, I just wanted to check it was worded correctly, it is drafted from an appeal I was successful with at Gatwick last year, appreciate it if someone can confirm it is ok?

Would an email appeal be suitable? Or should I write in too? Many thanks 

I have just received your Notice to Keeper dated 2nd February 2023.

Appeal against Parking Charge Notice (PCN) **************

I dispute your 'parking charge', as the registered keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your conduct to your client landowner, Heathrow Airport Ltd, as well as to the local MP.

I contest and appeal this ‘parking charge’, on the grounds that:

The drop off area appears to be not relevant land as defined by paragraph 3 of Schedule 4 of The Protection Of Freedoms Act 2012, as an Airport and being subject to byelaws. APCOA cannot, therefore transfer liability for the alleged charge from the driver at the time to me, the keeper.

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;

Therefore keeper liability does not apply, there will be no admissions as to who was driving, and no assumptions can be drawn.

There is no legal requirement for the registered keeper to name the driver at the time and I will not be doing so.

Further to the above I will be writing to the Head of AOS at the BPA about the APCOA set up at Heathrow Airport, which breaches the BPA CoP due to (among other things such as your appalling signage and no method for people to actually pay before leaving if they do use the drop-off area.

I would suggest that you cancel the PCN as you have precisely no hope with POPLA where the driver is unidentified and the breach of POFA noted above, I will also complain to the BPA and to the DVLA for a possible breach of KADOE too.

I do not expect to hear from you again, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records

Coupon-mad

Perfect stuff.  That will win!

As long as the person DOESN'T tick 'driver' or choose 'I didn't see the signs' or anything daft!

tobeloy

Thanks CM, I will guide him through submitting it 

Le_Kirk

Further to the above I will be writing to the Head of AOS at the BPA about the APCOA set up at Heathrow Airport, which breaches the BPA CoP due to (among other things such as) your appalling signage and no method for people to actually pay before leaving if they do use the drop-off area.

You've missed off a closing parenthesis (bracket).

B789

A simple "your PCN is non-POFA compliant and as this is non-relevant land, you cannot transfer liability from the driver to the keeper. I am under no legal obligation and do not wish to provide details of the driver."

Your friend will eventually get a letter staying that he was a very naughty boy and must follow APCOA rules in future. However, in the meantime they have cancelled the PCN as a gesture of goodwill (yeah... sure. Not because you didn't have a legal leg to stand on).

End of.