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Group thread: Heathrow Gatwick Manchester & other Airport drop-off PCNs - easy: how to appeal & win

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Comments

  • airmemo
    airmemo Posts: 15 Forumite
    10 Posts Name Dropper
    Another one bites the dust at Luton Airport drop-off. Easy peasy.
  • This is my new favourite thread! 

     :)

    *NEVER TELL THEM WHO WAS DRIVING*
    Hi, 
    Only saw this too late. Already sent an appeal saying who was driving. Appeal got refused. What now please? Thank you so much! 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why on earth did you appeal as driver?

    Now you will have to ignore debt demands for 6 years.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Why on earth did you appeal as driver?

    Now you will have to ignore debt demands for 6 years.
    Because we dont all know about checking forums. So just ignore is what you recommend? 
  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    algry123 said:
    Why on earth did you appeal as driver?

    Now you will have to ignore debt demands for 6 years.
    Because we dont all know about checking forums. So just ignore is what you recommend? 
    Definitely. Debt collectors, whilst a nuisance with their silly letters, can do nothing else. They cannot turn up on your doorstep, neither can they take you to court. And it's vanishingly unlikely that any parking firm will sue over an airport drop-off charge. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • CeLe
    CeLe Posts: 10 Forumite
    Eighth Anniversary First Post Combo Breaker

    Hi all,

    Need some advice re: APCOA/POPLA.

    I got 2 PCNs at Manchester Airport for the same thing, days apart (first hadn’t even arrived before the second).

    • PCN 1 → Appealed → Refused by APCOA → Won at POPLA.

    • PCN 2 → Appealed on identical grounds → Both APCOA & POPLA refused.

    Their refusal hinges on me supposedly ticking “driver” on APCOA’s form. Which genuinely was wrong:

    • I wasn’t the driver (at work, with proof).

    • The driver was female (I’m not).

    • I clearly wrote in both appeals referencing that I wasn't the driver.

    • Any CCTV would confirm this.

    Key points I raised on both appeals:
    • No keeper liability (airport land isn’t POFA-relevant).

    • Driver identity incorrect/unproven – I never intentionally said I was the driver after they claimed this repeatedly.

    • Grace period breach - Less than 5 mins on site.

    • Misleading signage - Looked the same as the old barrier system.

    • Compliance history - Paid drop-off fees without issue for 10 years.

    • Widespread confusion ignored - News reports & hundreds of motorists caught out.

    • Incorrect evidence - their 59-page pack to POPLA referenced parts of someone else’s case/date and an incorrect date, also claiming I appealed to POPLA multiple times in the past (likely their b.s. copy/paste mistake). Brought all of this in the POPLA appeal.

    So now I’m left with Ticket 2 standing despite the same arguments winning Ticket 1. I expect the usual debt letters.

    Question: Has anyone actually seen APCOA push Manchester Airport PCNs that far, or do they usually just leave it with debt collectors?

    If so, how many letters am I expecting to see? How often and for how long? £70 is a "scam" and if we decide to pay it will be £100 regardless? Unless the "Letter Before Claim" comes?

    Thanks all for the help

  • ChirpyChicken
    ChirpyChicken Posts: 2,186 Forumite
    1,000 Posts Name Dropper Photogenic
    Ignore about 5 DRA letters
    Next time use standard text that wins everytime
  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Question: Has anyone actually seen APCOA push Manchester Airport PCNs that far, or do they usually just leave it with debt collectors?
    APCOA have never 'pushed' anything ,,,, anywhere, let alone a very shaky airport drop-off case. Follow advice above.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Hi, 
    i just realised that i forgot to pay for dropping someone on thursday at Heathrow T3 and i tried to call them to see if i can pay over the phone. The guy said give me your reg and I will check what can be done. WHilst on hold i was going online and saw this forum, i decided not to give the reg and said I will call back. 

    Is it worth trying to call and see if i can pay the £6 or do I wait for the penatly charge and then appeal?

    the day before i picked someone up but using the actual car park so I paid for that but forgot to pay for this drop off one. 

    Is this the best template?

    This is an appeal by the registered keeper - No driver details will be given. Please do not bother with your known fishing expedition in an attempt to get driver details to try and get around the fact there is no keeper liability (and never can be under POFA).

    Due to this being airport land you will be well aware there is no keeper liability due to the byelaws in force and the fact this is not relevant land.

    As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw

    If you waste your time asking for driver details this will be ignored and you will still lose at POPLA if you dont cancel the PCN

    So let's save my time and yours and cancel this PCN you simply cannot win this (and you know it).


    OR this 

    I appeal as keeper. I am not obliged to identify the driver and I decline to do so. 

    1. You are unable to transfer liability to the keeper pursuant to Schedule 4 to the the Protection of Freedoms Act 2012 ('POFA') because airport drop off zones are not ‘relevant land’ as defined in POFA. 
    2. Even if (which is not the case) the land in question is relevant land your notice does not conform to the requirements set out in POFA paragraphs 9(2)(e) and (f). Furthermore, as keeper I am entitled to all the defences available to the driver including (without limitation) the following:
    3. The parking charge is not notified until after the contract is entered into and under the principles set out by the Court of Appeal in Thornton v Shoe Lane Parking, does not form part of the contract between the driver and APCOA; 
    4. The signage is not compliant with the BPA Code of Practice.

    Any one of the above reasons is alone sufficient to require cancellation of the PCN.Therefore I require you to cancel the PCN and expunge my personal data from your records.

  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They won't accept a late payment. Await your NtK, then appeal using the first template you quote above. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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