Heathrow T2 charge driving through drop off - please help

Ikina

Hi everyone, I have read all the threads regarding drop off PCN's and I'm not clear on the latest protocol to follow. I would be grateful for any guidance or assistance please.

For context:
I followed the sign posting but it wasn't clear. I ended up having to drive through the drop off area as there was no option to get off the ramp or choose otherwise without reversing into traffic! I did not stop and I went around, back to junction and found the short stay car park.
I called them when PCN was issued and explained that:
1. I did not stop so how is it a PCN when no parking was involved
2. I had no choice but to drive through this area to get back to the junction
3. Sign posting was awful
4. I paid for short term parking immediately after

They have said to appeal via email and just provide proof of parking at short term. Is it really as easy as they are saying it is?

PS. The PCN is addressed with my name and not the owner. (guessing that makes a difference)

Half_way

Heathrow tickets are easy to overturn, however do not attempt to name the driver.
Never use terms like i did this, or even he, she  mother , father  husband, wife, sister etc.

another avenue is if the vehicle did not stop, of that is the case then it could be argued they have addressed the registered keeper details without just cause on top of everything else

LDast

Just appeal with this. No identifying the driver:

I am the registered keeper. APCOA cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, APCOA will be well aware that they cannot use the PoFA provisions because Heathrow Airport is not 'relevant land'.

If Heathrow Airport wanted to hold owners or keepers liable under Airport Byelaws, that would be within the landowner's gift and another matter entirely. However, 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 cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NTK can only hold the driver liable. APCOA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Ikina

Thank you both.
- Can I please check if should use the following(found on another thread) is correct or if I should use the template kindly provided by @LDast
- Can I also please check if I send this to APCOA or via POPLA - apologies if it seems a dumb question. Im new to this and truthfully have no idea what Im doing!

"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.

[5.  The car was present in the drop off zone for not more than 5 minutes and the driver is entitled to the 5 minute consideration period mandated by 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."

LDast

You can't appeal to POPLA until the initial appeal to the operator has been rejected. However, you will not need to appeal to POPLA if you use the appeal I have provided as it has never failed to get the PCN cancelled.

The other version is the same but is a bit overly formal, especially if it is to the scamming APCOA.

If you're feeling underwhelmed by it all, just appeal with: "I'm the keeper. No PoFA so you should go chase the driver."

Use any one. Your choice.

Ikina

Thank you so much for your help @LDast
Ill appeal direct to APCOA and report back on this thread

Coupon-mad

Ikina said:

Thank you so much for your help @LDast
Ill appeal direct to APCOA and report back on this thread

We know they will cancel but please confirm it works, to encourage others!  Easy innit?

Ikina

Hi @LDast or anyone that can help
Can I please confirm how you sent this? Was it via their appeal service here: https://heathrowdropoffpcnpayments.apcoa.com/pcnonline/challenge.php

Apologies but I really am new to all this.

I promise to update everyone as soon as I hear back!

LDast

Yes. Do not select anything that says you are the driver. Either Keeper or Other only.

You can simply write the appeal and save it as a PDF file and upload it or copy and paste the text into their webform. Best to try and upload as a PDF so you have a copy of what you sent.

Ikina

Thank you so much for you help @LDast my apologies for being so bad at this but how do I get past this screen please?

LDast

Try entering your details (email address only) and then click "NEXT". Obviously you aren't going to pay these scammers unless there's something else you're worried about.