APCOA Heathrow Term 5 PCN on appeal

Ola2x

So grateful I came across this forum as I have fallen victim to these conmen far too many times! Recently received a PCN as payment was made late on my vehicle. Not sure who the driver was but even as a "goodwill gesture" I made a payment a few days later anyway for the furthest date back. 

Fast forward I have now received a PCN and sought to use the standard response, only difference is that now when you go to appeal you have to complete a box that requires the drivers details. As I cannot provide this information, I filled every box with "Unable to provide".

Here is my response below 

Re PCN: HFxxxxxxxxx

VRM: xxxxxxx

 

Date of issue: 29 August 2023

 

I am the registered keeper of this vehicle, however I was not the driver. This makes your NTK non POFA compliant as APCOA cannot hold a registered keeper liable. As per current UK legislation, APCOA (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'.

Should the Airport wish to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's right 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.

 

Yours faithfully

Any comments, wish me luck

Ola2x

Sorry slight correction, received a PCN stating payment wasn't made

Coupon-mad

Can you show us a screenshot of the webpage about the driver?  They are not allowed to stop keepers from appealing a Notice to Keeper.

B789

Ola2x said:

I am the registered keeper of this vehicle, however I was not the driver. This makes your NTK non POFA compliant as APCOA cannot hold a registered keeper liable. As per current UK legislation, APCOA (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'.

That is not the case. The NtK is not PoFA compliant because it relates to non-relevant land covered by byelaws and so, cannot hold the Rk liable, only the driver.

Ola2x

B789 said:

Ola2x said:

I am the registered keeper of this vehicle, however I was not the driver. This makes your NTK non POFA compliant as APCOA cannot hold a registered keeper liable. As per current UK legislation, APCOA (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'.

That is not the case. The NtK is not PoFA compliant because it relates to non-relevant land covered by byelaws and so, cannot hold the Rk liable, only the driver.

Thanks for the clarity, this is great context. No waiting for their response, I actually made a payment as a courtesy but I see no relevance in referencing this. 

Ola2x

Coupon-mad said:

Can you show us a screenshot of the webpage about the driver?  They are not allowed to stop keepers from appealing a Notice to Keeper.

I just tried to get this up again but as I have already submitted my appeal I cannot, the issue was that it would not allow me to progress without entering something in for the driver. Hence, I just entered simple text to say I'm unable to identify.

Ola2x

There is still hope in this world, thanks guys and I am so happy I came across this forum!

No more cowboys with their scamming PCNs

Just received the following response;

Thank you for your letter received on __ September 2023 regarding the above Parking Charge Notice (PCN).

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 waive 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.

Result!!!!!!!!

B789

As expected. Well done.

Coupon-mad

Great!  Thanks for confirming. Easy innit?!