Changes at Stansted AirPort Express Drop Off Zone -PCN CANCELLED ON APPEAL

Coupon-mad

Of course they won. Doesn't need luck.

Just read the Heathrow Gatwick Drop Off Group thread as the appeal is the same.

AnonLG

Coupon-mad can you be so kind as to put a link or copy and paste the template for appeal I have been searching and cannot seem to find it , it would be mist helpful as my daughter got this fine and it was her first ever time picking up from there so was not aware there was a barrier in place before so was definitely not aware she had to pay. It would be really helpful to have a template to appeal

Nuddmann

AnonLG said:

Coupon-mad can you be so kind as to put a link or copy and paste the template for appeal I have been searching and cannot seem to find it , it would be mist helpful as my daughter got this fine and it was her first ever time picking up from there so was not aware there was a barrier in place before so was definitely not aware she had to pay. It would be really helpful to have a template to appeal

The successful appeal I used is on page 1 of this thread. Just adjust it for your own purposes if needed. Make sure she doesn't identify herself as the driver, only the keeper.

britteng

I got a fine through today for £60! Ridiculous as Im a local resident and only need to pay £1 for dropping off. I had my resident card on me, I didnt realise they had removed the machines to pay, I was so confused as I exited the airport. 

I have submitted an appeal using the details and will put an update when I get a reply, fingers crossed!

culliculli

Nuddmann said:

AnonLG said:

Coupon-mad can you be so kind as to put a link or copy and paste the template for appeal I have been searching and cannot seem to find it , it would be mist helpful as my daughter got this fine and it was her first ever time picking up from there so was not aware there was a barrier in place before so was definitely not aware she had to pay. It would be really helpful to have a template to appeal

The successful appeal I used is on page 1 of this thread. Just adjust it for your own purposes if needed. Make sure she doesn't identify herself as the driver, only the keeper.

Thanks for all the tips - read too late and I did identified with the driver - If I appeal do I still have chance to win, do you think? Btw they sent a link to the POPLA platform is this the correct one I can use your template on? thanks again!

parker1234566_

Hello @Coupon-mad
Thank you for all your help in the forums thus far.
I received a letter from debt recovery plus demanding £170, but I hadn’t yet received any notices from APCOA (so I didn’t know I was actually in receipt of a PCN).

I am going to call Stansted parking team to ask them to extend my appeals period (as I have now gone past the deadline, as the non-existent letters would’ve detailed). I am guessing this is the case as I am unable to access the appeals portal.

Hoping that I am successful, I will then appeal with the following:

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 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) (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 - 1971, 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.

Therefore, I require you to cancel the PCN and expunge my personal data from your records.
_________ 

Does this sound like a good course of action? I am worried that during the appeal period, the debt recovery plus people will then escalate the fine, etc.
Any advice very welcome.

many thanks

parker1234566_

I also just wanted to add, at the bottom of the debt recovery plus letter, it states “You have lost the right to appeal”…

Coupon-mad

parker1234566_ said:

I also just wanted to add, at the bottom of the debt recovery plus letter, it states “You have lost the right to appeal”…

Which you have lost; they are right. It's too late to appeal and the PCN probably went to your old address, assuming your logbook address has NOT been updated when you moved house.

I am going to call Stansted parking team to ask them to extend my appeals period (as I have now gone past the deadline, as the non-existent letters would’ve detailed). I am guessing this is the case as I am unable to access the appeals portal.

You can't extend the time unless there are exceptional circumstances why you missed the PCN (such as being abroad or in hospital). Your V5C not being up to date doesn't cut it.

Just ignore APCOA. Nothing happens.

Same to @culliculli who says they blew their POPLA chances by appealing as driver. Eek, why?! POPLA won't work. IGNORE APCOA.

parker1234566_

Thanks,

So is your advice to ignore the fine altogether? 

Or can I appeal via another means?

parker1234566_

Or sorry, I should go via POPLA appeal and ensure I state my status as Keeper only (which I am).