APCOA PCN Manchester Airport Drop-off

Gr1pr

Seems reasonable, but never, NEVER refer to these invoices as fines, only Magistrates issue fines, not private parking companies

Coupon-mad

Very good! Nice example.

mancboy6969

https://forums.moneysavingexpert.com/discussion/comment/82072600#Comment_82072600

Following up on this… got the reply today and they cancelled it! Thanks again!

Regyuser

Hi,

My partner has just received a parking charge for Manchester airport from a month ago. Do I just use the text below?

1 thing I have noticed, which I think APCOA may have changed? Is it says the 'parking charge was incurred on private land' and not 'relevant land'. Does this make a difference?

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.

Thank you!

Gr1pr

Nothing has changed, Airports are not relevant land, so subject to bylaws and is definitely private land

The keeper appeals using the template, no changes, no additions, no blabbing about who was driving

Umkomaas

My partner has just received a parking charge for Manchester airport from a month ago. 

Has that come from APCOA themselves, or someone else? They’re normally much quicker out of the blocks than that. What Issue Date is shown on the letter?

blop12345

right , I ll probably going to be boring but .. I forgot to pay for drop off at Manchester airport last week and just realised now (obviously) . Tried to pay through website but it oblivious expired . Now waiting for a letter from them . Any advice how to handle ?

Gr1pr

Yep, read the previous posts in this thread, especially seeing as you found it, do the same as everyone else in it

When a pcn arrives in the post, appeal as keeper using the template appeal for all airports

No blabbing about who was driving or about what happened

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82101668#Comment_82101668

Double check the address on your V5C is correct since any house move because that's the address the DVLA will give out.

coolasacucumber

I received a PCN from APCOA re. Manchester T3 pick up zone. I changed the wording in my appeal very slightly from the template on page one to the following:-

This is an appeal by the registered keeper - No driver details will be given. Please do not attempt to get driver details to try and get around the fact there is no keeper liability (and never can be under POFA).

Due to this being airport land you will be well aware there is no keeper liability due to the byelaws in force and the fact this is not relevant land.

As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @POPLA . Please therefore cancel the notice or issue a POPLA code where you will auto withdraw.

Any request for driver details will be ignored and you will still lose at POPLA if you don't cancel the PCN.

I encourage you to save my time and yours and cancel this PCN you simply cannot win this.

I'll update my message when I hear back from them.

Thanks so much for all of the help and support by means of this forum.