APCOA PCN Manchester Airport Drop-off

jackmall2121

I have also received a NTK from APCOA UK and just appealed it with the template 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 Manchester Airport is not 'relevant land'.

If Manchester 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.

I shall update once I hear back from them.

njkmr

Guys
I have just sent off my appeal after receiving the notice this morning. Will see what happens.
Regards
Rob.

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 Manchester Airport is not 'relevant land'.

If Manchester 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, 

jackmall2121

jackmall2121 said:

I have also received a NTK from APCOA UK and just appealed it with the template 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 Manchester Airport is not 'relevant land'.

If Manchester 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.

I shall update once I hear back from them.

APCOA replied to my appeal by email: PCN cancelled.
Thanks once again for the help, folks. I can confirm it still works.

nellygarner

I am expecting to recieve a PCN any day now after forgetting to pay within the timeframe. The car is a leased company car. I am not even sure who the registered keeper is. Will it be the lease company or my employers. I would rather not start having to get my employers to start firing appeal emails off. 
My question is can I legally appeal as registered keeper or should I just pay the fine, to save my employer potentially recieving threatening debt collectors letters?
many thanks in advance

Le_Kirk

Check your lease contract; there may be some information there that will help.  It is likely that the leasing company is the RK and they will receive the PCN and they should transfer liability to the hirer (not driver) so that you receive a NTH in you own name and then you can use the standard appeal wording in this thread.  Make sure your leasing company does not pay the PCN on your behalf and charge you an admin fee for doing so.

Heleneverton

Can someone please explain why the drop off area is not Relevant Land in relation to POFA.
The below is confusing me.....not hard!

" relevant land" is any land where parking is not on a public highway, a parking place controlled by a traffic authority, or other land with statutory parking control. This typically refers to private land like supermarket car parks, where parking companies can use POFA to pursue the registered keeper for parking charges if the driver is not identified. "

Thanks....and yes I too forgot to pay in time...so annoyed

ChirpyChicken

Heleneverton said:

Can someone please explain why the drop off area is not Relevant Land in relation to POFA.
The below is confusing me.....not hard!

" relevant land" is any land where parking is not on a public highway, a parking place controlled by a traffic authority, or other land with statutory parking control. This typically refers to private land like supermarket car parks, where parking companies can use POFA to pursue the registered keeper for parking charges if the driver is not identified. "

Thanks....and yes I too forgot to pay in time...so annoyed

It is because byelaws are in force

Umkomaas

ChirpyChicken said:

Heleneverton said:

Can someone please explain why the drop off area is not Relevant Land in relation to POFA.
The below is confusing me.....not hard!

" relevant land" is any land where parking is not on a public highway, a parking place controlled by a traffic authority, or other land with statutory parking control. This typically refers to private land like supermarket car parks, where parking companies can use POFA to pursue the registered keeper for parking charges if the driver is not identified. "

Thanks....and yes I too forgot to pay in time...so annoyed

It is because byelaws are in force

Para 3 (4):

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

njkmr

Guys
I can confirm my PCN has been cancelled. I received an email today advising me .
Thanks to all the contributors on here who take the time to advise on matters like this.
It is much appreciated.
Regards
Rob.

Dannylufc

Hi everyone,

Just wanted to share my experience and thank all the contributors in this thread — your advice has been incredibly helpful.

My case is typical of what many others have described. On a recent visit to Manchester Airport, I accidentally took a wrong turn and ended up in an APCOA-managed car park. I was there for 1 minute and 24 seconds, just trying to find the way out. I even spoke to an attendant and explained the mistake. He reassured me not to worry and said he would ensure that no parking charge was issued.

Needless to say, I received a Parking Charge Notice from APCOA on 9th October.

After reading through this thread and following the excellent advice shared here, I submitted my appeal today via the APCOA website using the following text:

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 Manchester Airport is not 'relevant land'.
If Manchester 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.

I’ll be back to update you on the progress of my appeal. Thanks again to everyone who’s contributed — your support makes a real difference.

Danny