LHR T5 Drop Off Zone wrong turn - Appeal APCOA PCN

Firemunchkin

Couldn't see a thread specifically re this (recently) so thought it might be helpful for anyone else in a similar position. 

Husband and I drove to LHR T5 to use a meet & greet service before our flight. Took a wrong turn and ended up going through the Drop Off Zone instead of going into the car park, I think we took a right instead of a left, or vice versa. Realising this wasn't where we needed to meet the driver, we drove straight through and didn't park up, exited and went around again to find the correct car park. It was a bit of a surprise to get a PCN in the post from APCOA Parking when we hadn't actually parked up or used the Drop Off Zone for the purpose I presume it was intended. I don't know if the signs say if you're just driving through you also have to pay because we didn't park up and so didn't have an opportunity to read any signs apart from the ones as you enter the Zone. 

The Ts&Cs of the Zone available on the website state that entering the Zone is engaging the liability to pay to use the Zone. Then I found this forum and read the Newbies FAQs (so helpful!) and also found the Code of Practice which POPLA apparently uses (https://www.britishparking.co.uk/code-of-practice-and-compliance-monitoring) which states at paragraph 13.1 that a minimum 5 minutes grace should be applied: 

"The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes."

Paragraph 13.2 states this grace period doesn't apply if a "parking event" takes place, and as this did not occur in our case I am hopeful that paragraph 13.1 will apply and the charge be cancelled. 

Anyway, so we've filed the Appeal online using the guide and template in the Newbies FAQs. With no admission of the identity of the driver or reference to the fact a wrong turn was taken (which would, in effect, be an admission of being the driver), we included a note of the times printed on the images of the car showing a total of 1 minute 26 seconds in the Zone. Surely they don't expect anyone to enter the Zone, drop someone off and then get out in less than a minute and half?! Hopefully they'll draw the dots between the 5 minute grace period which should be applied and the actual time the car was shown in the Zone, and just cancel it. Who knows? We'll see in due course and I'll update here for reference. 

What I did notice that the online Appeal pages are designed to try and scare you into just paying the charge. The "Pay Now" button is highlighted blue whereas everything else is white, so it's more noticeable and sticks out in your vision. The freetext box is headed with instructions to provide "significant evidence", suggesting you will have a low chance of winning an appeal. Language is used such as "our officers" trying to make it sound like some public official instead of it being a private landowner and private operator. Not sure if this contravenes anything but it's a bit cheeky and something to be aware of. Forewarned is forearmed and all that. 

Grizebeck

Should have come here first
Apoca are pussycats

B789

The singular appeal guaranteed to get you off the PCN for the APCOA LHR drop-off scam, assuming you've not given away who the driver is, is this simple message to them in your initial appeal:

• Heathrow Airport is covered by bylaws which means that it is not relevant land and so POFA does not apply and liability cannot transfer from the driver to the keeper. As the keeper, I am not obliged to name the driver, so you may as well cancel the PCN now and save your fee to POPLA where this would ultimately get thrown out.

At least @Firemunchkin says she hasn't named the driver so there's hope yet that APCOA will not proceed any further. However, it's not the guaranteed appeal that gets all these pathetic LHR PCNs cancelled at the first, easy, hurdle. Please let us know APCOAs response to your appeal.

Coupon-mad

APCOA can't hold the registered keeper liable, so they can't win at POPLA if the keeper appeals and takes the "non-POFA" point at POPLA stage.  

Quite possibly APCOA will cancel now anyway.

Umkomaas

Use the blue text initial appeal template from the NEWBIES FAQ Announcement, first post, and just add the following ....

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'. 

Then sit back and await your cancellation. 

Firemunchkin

PCN cancelled. Response: 

Thank you for your letter received on 12 February 2023 regarding the above Parking Charge Notice (PCN). Having

considered the circumstances, we have cancelled the Parking Charge Notice on this occasion.

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.

Free parking is available at the long-term car parks should motorists not wish to pay the terminal drop off charge.

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.

Firemunchkin

Umkomaas said:

Use the blue text initial appeal template from the NEWBIES FAQ Announcement, first post, and just add the following ....

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'. 

Then sit back and await your cancellation. 

This is exactly what I did - such a helpful template and forum. Very grateful!

Coupon-mad

Brilliant!  APCOA's template "we give up" reply:

https://forums.moneysavingexpert.com/discussion/comment/79838379#Comment_79838379

Easy when you know how.