Passing drop off zone twice

Ammah45

Apologies for starting a new thread but I thought it's easier than going through many pages here.

Last night I passed through Heathrow drop off zone twice within an hour. First time because I expected my passenger to have arrived. By the time he called to say he was stuck in immigration it was too later. So I left and returned 45 minutes later to pick him up. The question is, do I now have to pay 2 x £5? If I ignore it, will I get two PCNs from APCOA?

Finally, is this defense still valid? 

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. 

Thank you very much 

Umkomaas

No need to be paying APCOA anything. Wait to see if you receive a PCN(s), then that appeal will get it (or them) cancelled. You'll need a separate appeal for each charge. 

LDast

A simpler appeal that the intellectually malnourished bods at APCOA would understand is this one which has never failed:

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 Bylaws, 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 bylaws 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.

Ammah45

Thank you. I will report back

Ammah45

I said I would report back so here I am.

I received one penalty notice and appealed using the above wording from LDast.
Yesterday I received an email saying they have cancelled my PCN. 

Thanks again

Coupon-mad

Ammah45 said:

I said I would report back so here I am.

I received one penalty notice and appealed using the above wording from LDast.
Yesterday I received an email saying they have cancelled my PCN. 

Thanks again

Brilliant!.  Easy when you know how.