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Heathrow T4 Drop Off Charge - PCN never received but Received NTK (Reminder) after 4 months - APCOA

Hi all, 

I recently received a REMINDER LETTER (parking charge notice) as a registered keeper from APCOA for the contravention "use of drop off zone without making a valid payment" at Heathrow T4 drop off zone. Please note that this is the first communication i ever received. The stated contravention happened on 23rd Aug but 1st letter (PCN REMINDER) received only on 18th Dec. (After 117 days).


I've read a relevant post from other and prepared the below appeal to APCOA.Would appreciate any feedback in case I have missed anything obvious?

"This Parking Charge Notice ("PCN") was issued to me as the registered keeper of the vehicle, and I am appealing as such. Heathrow Airport (including the drop-off zone) is not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012 (as it is covered by airport bye-laws), so the operator cannot transfer liability to the keeper. Furthermore, even if (which is not the case) the drop off zone is relevant land, the PCN does not comply with the requirements of the POFA, Schedule 4, paragraph 9, section 4,5 which covers the relevant period of 14 days for NTK.

As there is no legal requirement for the registered keeper to identify the driver, I will not be doing so."



Comments

  • JerryJ64
    JerryJ64 Posts: 114
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    edited 19 December 2023 at 5:41PM
    Big_Onion said:


    "This Parking Charge Notice ("PCN") was issued to me as the registered keeper of the vehicle, and I am appealing as such. Heathrow Airport (including the drop-off zone) is not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012 (as it is covered by airport bye-laws), so the operator cannot transfer liability to the keeper. Furthermore, even if (which is not the case) the drop off zone is relevant land, the PCN does not comply with the requirements of the POFA, Schedule 4, paragraph 9, section 4,5 which covers the relevant period of 14 days for NTK.

    As there is no legal requirement for the registered keeper to identify the driver, I will not be doing so."

    I don't think you need the bit I have struck out. APCOA don't issue the NtK using PoFA so it is not an argument.

    A simple "I am the registered keeper. The airport is not relevant land so you cannot hold me liable. As the keeper, I am under no obligation to identify the driver and no assumptions can be made. So, do us both a favour and cancel the PCN or pay for a POPLA code and waste your money because we both know this will be cancelled."

    You're going to get the usual "We are cancelling the PCN out of the goodwill in our hearts but don't do this again because you've been a very naughty boy.".

    They already know that they can't hold you liable so just have a bit of fun with them at their expense. They only do this in the hope that you are low hanging fruit on the gullible tree and easily conned... which you obviously aren't.
  • Thanks @JerryJ64 for quick reply.

    I will appeal to based on your suggestion. Cheers. BG
  • Big_Onion
    Big_Onion Posts: 7
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    Got a response from APCOA and they have cancelled the PCN with "On this occasion, we will waive this PCN as a goodwill gesture .....". Thanks for your support.


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