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London Luton Airport - APCOA

Hi All,

I have been reading the threads and wuill be submitting the below appeal to APCOA. Please let me know any comments. I have inserted pics of the letter i received 
https://ibb.co/sRvMR9W
https://ibb.co/CbGc7Ms


"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.

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 parking charge. Therefore, I suggest that 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.

The matter between us is closed and therefore cancel the parking charge and remove my personal information from your database."

However ive also found another appeal on the threads as below :

"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 Luton Airport is not 'relevant land'.

If Luton Airport owners 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."

I assume i should use the second appeal as it seems more relevant to London Luton?

Thanks


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