Luton Airport APCOA PCN Paid £5 by Applepay

niceteacher

I've looked at the stickies and newbies posts but am going in circles with so much info! There are some incredibly long draft appeals and am unsure which to use.

Received parking charge from APCOA Luton Airport despite having paid the £5 charge online the same day (the system seems to have changed and we were expecting to pay at the gate but this no longer seems to be an option.)
I have proof of payment from bank. 
I was not the driver, but am the keeper.
I suppose it's possible I entered the reg number incorrectly.

Do I appeal based on the fact I was not the driver?  And/or provide evidence of the payment made?

ChirpyChicken

No just search for a heathrow airport appeal
Easy win

Umkomaas

Just use the initial appeal (shown in blue text) from the NEWBIES FAQ Announcement, first post, then add the following paragraph:

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the charge; I suggest therefore you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'

APCOA will cancel shortly afterwards. 

Coupon-mad

You can't lose as long as the keeper appeals and doesn't say who was driving (they should state that they were not the driver, which helps).

niceteacher

Thanks for the advice. I'm a little puzzled at the advice regarding refusal to name the driver as having looked at the Protection of Freedoms Act 2012, SCHEDULE 4  it seems to imply this makes no difference?

"The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle."

kryten3000

Compare the POFA with what APCOA sent you.

Luton Airport means it is land covered by bylaws so there is no keeper liability anyway.  Every single one of these I have seen has been cancelled following a keeper appeal.

KeithP

niceteacher said:

Thanks for the advice. I'm a little puzzled at the advice regarding refusal to name the driver as having looked at the Protection of Freedoms Act 2012, SCHEDULE 4  it seems to imply this makes no difference?

"The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle."

They only have that right if they have managed to use the POFA correctly.
For example, is Luton Airport covered by byelaws?
If so then POFA doesn't apply. Read again that bit of POFA that defines "relevant land".

niceteacher

I think I understand...
Is this too much?:

I dispute your 'parking charge', as the keeper of the vehicle.  I was collected from Luton Airport by another driver following my arrival from Bologna (see travel documents in evidence). 

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the charge.  As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so. 

Nonetheless, a payment was of £5 was made within the necessary time-frame regarding this visit (see bank statement in evidence).

I shall also be making a complaint to your client landowner regarding your predatory conduct in removing exit barriers and lack of clear signage of how to pay online. In consequence there is a clear lack of attempt from APCOA to collect the fee stated of 5 pounds but rather to litigate and issue a PCN wherein the fine is punitive.

Please therefore cancel the notice or issue a POPLA code where you will auto withdraw.

ChirpyChicken

Far to much. Why are you stating rubbish about travel or paying Just use the below 

This is an appeal by the keeper
As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the charge.  As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so

niceteacher

Because it seems to me that it's better to provide the evidence at this stage than automatically get rejected and have to faff with an appeal?

Coupon-mad

No. They'll cancel when they get the exact version @ChirpyChicken gave you.  Do not add detail.