Heathrow Airport Drop off APCOA appeal denied- followed template on MSE!

Sabrina202411

Hi All- hoping you can please help! I received 2 different APCOA fines for different days- both for Heathrow airport drop off. I appealed both using the template set out on MSE. I have copied the body of the letter below. One of the 2 fines were appealed and one was rejected- two of the exact same letters were sent. I have cut and paste the response from APCOA- i am also getting repeated debt collection letters... i have a disability and this is causing me alot of stress. Any recommendations please? Shall i resend the appeal again? 

Thanks very much!

 Appeal that was sent said:

I appeal as keeper. I am not obliged to identify the driver and I decline to do so. I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle. If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it. If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

1. You are unable to transfer liability to the keeper pursuant to Schedule 4 of 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;

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.

LDast

Did the keeper select any drop down menu option when appealing that was anything other then either “keeper” or “other”?

Why wasn't a POPLA appeal made?

Ignore all debt collector letters. If/when (unlikely) a Letter of Claim (LoC) is received, read the second post of the Newbies/FAQ thread on how to respond. As APCOA are benign when it comes to litigation, the odds of this ever getting to a claim is as close to zero as it is possible to get.

Grizebeck

Ignore debt recovery letters. As you have been on here you will know they can be ignored.

fisherjim

As above, no need to get stressed out by APCOA they are just muppets that say any old cobblers to twist money out of you, the signage isn't adequate, the scheme is dubious to say the least, and is just another money soak up by both the airport owners and APCOA.

Notice they haven't addressed the appeal points you have raised but just fired back a template refusal which they do to everyone.

Why didn't you appeal to POPLA?

Debt collectors can be ignored you have no debt, they only allege you owe them, you claim you don't, only a judge can make that decision, and as this isn't relevant land they won't be testing that out.

Coupon-mad

You should have done POPLA. Would have been 100% win. An easy one!  Not sure why you didn't do the second stage and follow what the NEWBIES thread coaches about POPLA? Too late now.

Now just ignore the debt collector £170 threatograms. No worries at all. Nothing happens.