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APCOA PCN Manchester Airport Drop-off

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Comments

  • shadowfierce
    shadowfierce Posts: 6 Forumite
    Name Dropper First Post

    It was a habit. Sometimes I use my 2nd name, sometimes my first name as I get called both. So I completely forgot to check my name on the letter should be the ones that I should use when I do the appeal. When I state that I'm the same person and provide my full name, do I need to provide proof?

  • Umkomaas
    Umkomaas Posts: 44,830 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Did the NtK show your full name?

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • mancboy6969
    mancboy6969 Posts: 2 Newbie
    Name Dropper First Post
    edited 17 July at 2:18PM

    Hi there,

    First off, thanks alot for all this good work you're doing!

    I've received a PC for missing the payment window and received a ridiculous £60 charge on what should have been £7 tops. Normally the token system made it super easy to remember to pay for parking and this new system led to it slipping through the cracks.

    I had a read through of the thread and wasn't sure if pick up area at the Terminal 2 carpark was covered since most people seems to be dealing withdrop-offs. The PCn highlighted the area as:

    "Site / Location: Manchester Airport Pick Up Only Zone T2 West Ground Floor"

    The driver was not the registered keeper of the vehicle and I was wondering if I meet the criteria to appeal as you all have laid out here.

  • Gr1pr
    Gr1pr Posts: 15,407 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    edited 17 July at 2:44PM

    Its a £100 charge, not £60

    Regardless, appeal as keeper to Apcoa using the usual AIRPORT template, no keeper liability under POFA 2012

    no blabbing about who was driving or about what happened

  • Coupon-mad
    Coupon-mad Posts: 164,667 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Yes it works in all Airport areas.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pandh
    pandh Posts: 23 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Debt Recovery Plus.jpg

    For reference here's the additional letter included with the second demand by Debt Recovery Plus.

  • Gr1pr
    Gr1pr Posts: 15,407 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    Frankly, I don't know why they are called debt collectors, especially in private parking company cases

    There is no debt, just an unpaid outstanding Invoice by a private parking company against an individual for the alleged breach of the parking contract on a private property

    They can ask, by letter only, but cannot collect a penny unless some naive or foolish individual pays them

    They are powerless and so cannot enforce the Invoice at all. !

    Its all smoke and mirrors from desperate sc####ers

  • Umkomaas
    Umkomaas Posts: 44,830 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Another joke template from DRP, like something drafted for a primary school project. tick, tick, tick, yes, yes, yes! Pathetic 😆

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Hi All, I received a parking notice from manchester airport recently, completely unjustifiable 90secs as i got slightly lost and just drove past the drop off point but enough to be captured on camera, no matter how stupid that 90secs was, it was not possible to actually push somebody out of the door in that 90secs so this fine was obviously going to be appealed and i did and i won with the template text on this thread, so my very many thanks for having this thread exist.

    I also looked at the text and thought that i could possibly restructure it a little better and offer that up, it's basically the original wording just presented a little better, and if that's allowed i would offer up here but if not allowed then please feel free to delete my comment, thank you and thank you all again for the assist with getting this terrible charge rescinded, much appreciated.

    Here's a restructured version:

    Appeal Against Parking Charge Notice [reference number]

    I am the registered keeper of the vehicle and am appealing this charge on the following grounds.

    1. Manchester Airport is not "relevant land" under the Protection of Freedoms Act 2012

    Schedule 4 of PoFA 2012 permits a parking operator to pursue the registered keeper (rather than only the driver) for an alleged unpaid parking charge — but only where the land in question qualifies as "relevant land." Land subject to statutory control, such as bylaws made under the Airports Act 1986, is excluded from this definition. Manchester Airport operates under such bylaws, and APCOA will be aware that this precludes reliance on the Schedule 4 keeper liability provisions.

    2. No keeper liability can arise as a result

    Because PoFA does not apply, there is no lawful basis on which I, as registered keeper, can be held liable. Keeper liability is not a general principle of law — it exists only where the strict statutory conditions of Schedule 4 are met. It cannot be presumed or inferred through some extension of the law of agency. APCOA's Notice to Keeper can only hold the driver liable, and there is no evidence identifying me as the driver at the relevant time.

    3. APCOA has neither pleaded nor can rely on Airport Bylaws

    If Manchester Airport wished to hold keepers or owners liable, that would be a matter for the landowner under the Airport Bylaws — a different legal regime entirely. However, APCOA has not pleaded this, and could not do so in any event: APCOA is not the airport's landowner, and the charge is not, and does not purport to be, a bylaws penalty payable to the public purse. It is a charge created for APCOA's own commercial profit, pursued solely as an alleged breach of contract by the driver.

    4. Conclusion

    For the reasons above, no valid basis exists for pursuing me as registered keeper. I ask that this charge be cancelled.

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