APCOA PCN Airport stop

Nosy

Unfortunately I find 2 PCN's in the post from APCOA for stopping at an Airport.  The evidence shows ANPR video. Both events happened on the same day around 20mins apart. The alleged contravention of dropping off or picking up outside designated areas. 

The car stopped at a Zebra crossing and from the evidence pedestrians can be seen crossing.

As the car was stopped at a zebra crossing a passenger thought it would be a good idea to exit the car.

The second PCN evidence shows again the car stopped at a zebra crossing allowing pedestrians to cross, whilst crossing the driver goes greets a passenger and goes around to close the boot and the passengers get in. This was all done in a matter of seconds before all the pedestrians had crossed the zebra crossing.

I belive legally a car must stop at a zebra crossing to allow pedestrians to cross, so stopping was essential.

 On the first event I feel the driver cannot be held responsible due to a passenger leaving so the RK will be appealing this one, but the second PCN, the driver did leave the car to close the boot that was opened by an arriving passenger so RK is thinking to pay this. Although for both events the driver was not aware that this would lead to a pcn as the stop was essential due to zebra crossing, and signs nit being clear. This was on a one way road too, surprised it is a private road. 

The PCN does not supply images of the signs boards

Any advice on this would be appreciated. If paid before 20/01/25 it is £50  and  then £100 becomes payable. 

kryten3000

Ignore the "mug's discount". You can bet APCOA didn't follow the Protection of Freedoms Act so the usual no keeper liability appeal is the way to go for both charges.  Don't even think of paying either of these scam invoices.

Coupon-mad

Just read the Heathrow Gatwick drop off joint thread.

ChirpyChicken

So easy to beat. Even one of my chickens could do it

Nosy

Both PCN are for Birmingham airport. This is the appeal I will be sending for both cases. What do you think?

I appeal as keeper. I am not obliged to identify the driver and I decline to do so. 

1. You are unable to transfer liability to the keeper pursuant to Schedule 4 to the 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. Rule 195 in the Highway Code states that 'you MUST give way when a pedestrian has moved onto a crossing'. The vehicle in question had a legal responsibility to stop at the Zebra Crossing.

The Registered Keeper requests that you cancel both PCN and send confirmation. Any further contact from you except for confirmation of cancellation will be viewed as harresment and you will be liable for a charge of £100. 

Trying to play their game on the last paragraph, do you think I should exclude or leave it in there? 

ChirpyChicken

5 isnt needed 

Nosy

Thanks. I will remove 5 and send the rest.

Nosy

Thank you all for your help again. The pcn has been cancelled 

Coupon-mad

Nosy said:

Thank you all for your help again. The pcn has been cancelled 

Easy when you know how! Nicely done - again - @Nosy