Heathrow T3 Drop Off PCN Appeal

sunnyD1

just recieved a fine for heathrow drop off 

"use of drop off zone without making a valid payment"


is the defense of APCOA can't transfer the liability to the keeper for the drop off charge still valid?

seen a few threads but they seem somewhat dated. have the rules changed?

sunnyD1

I was going to use the following draft to appeal

"I appeal as keeper. I am not obliged to identify the driver, and I decline to do so. I appeal on the following grounds:

1. You are unable to transfer liability to the keeper pursuant to Schedule 4 to the Protection of Freedoms Act 2012 ('POFA') because the drop-off zones at Heathrow 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 paragraph 9(2)(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.

I require you to cancel the PCN or issue a POPLA Code so POPLA can order you to cancel it. 

"

Umkomaas

That will do. APCOA will cancel once they realise they've been PoFA-rumbled by the keeper. 

Coupon-mad

Why not just use the one in @troublemaker22's Heathrow Group thread?

sunnyD1

A lengthy way of saying it’s been cancelled 

Coupon-mad

'We will waiver this PCN'.  They can't even speak English.

Le_Kirk

Coupon-mad said:

'We will waiver this PCN'.  They can't even speak English.

It must be the same (uneducated) person writing these letters as I often call out this mistake! Perhaps they used to work for POPLA with their rational/rationale error.

themadhorologist

Why not just use the one in @troublemaker22's Heathrow Group thread?

Apologies, I'm new on here and trying to find this has proved beyond my capabilities? Is there a simple link to this template?
A case of mistakingly driving in and out of the T4 drop-off zone, without stopping, whilst trying to find the short-term car park and getting hit by a parking notice. Seems a common situation!

LDast

@themadhorologist, please start your own thread.

themadhorologist

@themadhorologist, please start your own thread.

Okay, I'll give that a try.