Birmingham airport pcn

CharlesX

Hi all hope we are all ok.Recently recieved a pcn from birmingham airport for"dropping off or picking up outside designated areas at central terminal area".On the day in question driver was going to drop off someone from Bradford but was delayed due to an accident on the m42.The driver basically stopped as close to departure area to let passenger out,unfortunately it was on a zebra crossing.There are pictures of the car parked on the zebra crossing which were sent to me the registered keeper.Question is will parking on the crossing hinder a chance of placing an appeal?And if not  is the following template the one to go for.Cheers.Oh and by the way passenger missed there flight and had to go next day what a ball ache!
Re PCN: HF1234567

VRM: AB123CDE

Date of issue: 32 August 2022

I am the registered keeper. I was not the driver. Your NTK is non POFA compliant. APCOA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

APCOA cannot hold a registered keeper liable. As a matter of fact and law, APCOA (as a longstanding BPA Parking operator) will be well aware that they cannot use the POFA provisions because this is not 'relevant land'. If the Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift 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.

Fruitcake

A driver should never stop at a zebra crossing to let someone in or out. 
If a passenger decided to get in or out whilst the driver was legitimately stopped at a crossing to let pedestrians pass, then that is a different matter altogether.

As for the PCN/NTK, APCOA cannot hold the keeper liable because the alleged event occurred on relevant land where keeper liability cannot be liable, and APCOA NTKs are always non PoFA compliant and therefore also incapable of holding the keeper liable.

The existence of the zebra crossing is irrelevant if it is not cited as a reason for issuing the PCN.

CharlesX

The zebra crossing is not mentioned at all,but can they come back with it once I send in appeal?Will the template I am planning to send be ok?Thanks.

Umkomaas

Send the appeal. APCOA will cancel. 

troublemaker22

Agreed. It’s unnecessarily wordy and contains irrelevant material - but as it also contains the magic words about no keeper liability on airport land, it should achieve the desired result. 

CharlesX

Right thanks for the advice guys will send it today and report back when they reply.Fingers crossed..So I take it even though an offence was committed eg parking on crossing to allow some one out of car and airport rules of not stopping on a road leading up to an airport.They can't do anything due to no keeper liability??

Umkomaas

They can't do anything due to no keeper liability??

They can do what they want, including suing you through the County Court. But there's no evidence they do that, the only evidence we have is that they cancel when faced with a 'non-relevant land' counter. You'll know soon enough, I expect. 

Coupon-mad

No offence was committed.

CharlesX

Wow thanks for all the help people,the PCN was cancelled.👍You guys obviously know what your talking about....very impressed.Thanks again