Airport drop off PCN

RazBurley

Hi, received this pcn for the airport drop off. Car is also registered for auto pay. Multiple drops were done and anpr took entry for first drop and exit for the other, which was more than an hour apart. Pcn is out of keeper liability i believe as date of sending notice is after one month of the incident date. Would it be easy to appeal on out of keeper liability and on the basis of relavant land? Any advice plz 

Gr1pr

Schedule 4 doesn't apply so any timescale is 7 months, so well within 

Appeal as keeper using one of the recent airport templates seen in similar threads on here , specifically for that airport 

The templates give you and NCP all the relevant reasons, but absolutely no revealing who was driving at any point, its a keeper appeal only 

Coupon-mad

Read the Airport Drop off Group Thread.

Easy as pie.  Appeal is there.  No link needed because you just search the forum.

ossie48

I just did a similar appeal for Heathrow and it was knocked on the head almost immediately having used the template on the forum

Their answer was

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 are prepared to exercise our discretion and have now cancelled this Parking Charge Notice...followed by a load of blurb. 

RazBurley

ossie48 said:

I just did a similar appeal for Heathrow and it was knocked on the head almost immediately having used the template on the forum

Their answer was

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 are prepared to exercise our discretion and have now cancelled this Parking Charge Notice...followed by a load of blurb. 

Hi, Would it be possible to share the template? thanks

RazBurley

HI,  I have found following template. is that ok? Does it matter that the car is also registered for autopay and the anpr took entry and exit from different drop offs? thanks

1. the PCN was issued to me as keeper, and I am appealing as such. I have no obligation to identify the driver, therefore, I decline to do so;

2. Gatwick Airport (including the drop-off zone) is not “relevant land” for the purposes of Schedule 4 to the Protection of Freedoms Act 2012 (“POFA”), so the operator cannot transfer liability to the keeper;

3. even if (which is not the case) the drop-off zone is relevant land, the PCN does not conform to the statutory requirements of paragraph 9 of Schedule 4 to POFA  you have not issued the PCN within the strict requirements and timeframe set out. so there can be no transfer of liability to the keeper;

4. the keeper asserts all defences available to the driver including inadequacy of signage and failure to notify the parking charge before conclusion of the contract and reserves the right to expand on such points in light of the operator's evidence when supplied.

Coupon-mad

If that's the one you found when reading the Airport Drop Off Group Thread then there's no need to check it.

RazBurley

Coupon-mad said:

If that's the one you found when reading the Airport Drop Off Group Thread then there's no need to check it.

Hi sorry i could not find the group thread but now i think i have found it and i believe you are referring to the apeal below. Thank you

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. 

Coupon-mad

I put the search words in bold (twice) to encourage you to copy & paste them straight into the search box! You'd have been there in a split second.

Glad you found it now.

Obviously your PPC is not APCOA though.

Gr1pr

Not only is it not APCOA, it's also not Heathrow either, so adapt accordingly 

RazBurley

Hi, Sorry just one more thing to clear. the vehicle is registered for autopay and multiple trips were done but the ANPR took entry from 1st trip and exit from last which is nearly an hour and half apart ( no way it was there for that long). I think they allow of max of 30 minutes 1st 10 mints £6 and then after £1 per minute. After 30 minutes I think they issue pcn anyway. Shall I still appeal using the above template and not mentioning about autopay as they could come back and say vehicle was there more than 30 minutes? thanks