Manchester airport parking fine

telly123_

Hi all, I’ve been looking at these threads for a few weeks now. I have an APCOA parking fine for not paying online within 1 day after dropping off at Manchester airport. 

Just confirming I can use the blue template in the newbies thread and that applies? 

Just want to make sure I have the most up to date info.
Thanks 

Gr1pr

Definitely not,  read and follow the advice in the following recent thread 

https://forums.moneysavingexpert.com/discussion/6612100/manchester-airport-and-apcoa-7-minutes-cost-me-200?utm_source=community-search&utm_medium=organic-search&utm_term=manchester+airport+fine

You will see similar advice in other recent Apcoa Manchester Airport threads too, anything in the last couple of months 

telly123_

Oh brilliant thank you! 

Just confirming this is my response as per the thread you posted above:

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 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)(e) and (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, 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. 

doubledotcom

It's not just the 'drop-off zone" that is not relevant land. As for the rest... just keep it to the facts and appeal with the following wording and I'll take any number of £100 bets that it will be cancelled:

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, so you are urged to save us both a complete waste of time and cancel the PCN.

If you're going to throw in case law, just refer them to the answer given in Arkell v Pressdram (1971).

Umkomaas

telly123_ said:

Hi all, I’ve been looking at these threads for a few weeks now. I have an APCOA parking fine for not paying online within 1 day after dropping off at Manchester airport. 

Just confirming I can use the blue template in the newbies thread and that applies? 

Just want to make sure I have the most up to date info.
Thanks 

How old is your APCOA parking charge?

ChirpyChicken

Take out numbers 3 4 and 5

telly123_

Umkomaas said:

telly123_ said:

Hi all, I’ve been looking at these threads for a few weeks now. I have an APCOA parking fine for not paying online within 1 day after dropping off at Manchester airport. 

Just confirming I can use the blue template in the newbies thread and that applies? 

Just want to make sure I have the most up to date info.
Thanks 

How old is your APCOA parking charge?

I entered on 14th May and it was issued a week later 21st May 

telly123_

ChirpyChicken said:

Take out numbers 3 4 and 5

Oh ok, why is that? It states I was there under 5 minutes, only for 4 minutes, but ok 

Umkomaas

telly123_ said:

Umkomaas said:

telly123_ said:

Hi all, I’ve been looking at these threads for a few weeks now. I have an APCOA parking fine for not paying online within 1 day after dropping off at Manchester airport. 

Just confirming I can use the blue template in the newbies thread and that applies? 

Just want to make sure I have the most up to date info.
Thanks 

How old is your APCOA parking charge?

I entered on 14th May and it was issued a week later 21st May 

Make sure you appeal it by their deadline - you're getting close to that - then follow exactly the advice by @ChirpyChicken and that should see the end of it. 

ChirpyChicken

telly123_ said:

ChirpyChicken said:

Take out numbers 3 4 and 5

Oh ok, why is that? It states I was there under 5 minutes, only for 4 minutes, but ok 

Not needed as you don't reveal you were driving 

telly123_

ChirpyChicken said:

telly123_ said:

ChirpyChicken said:

Take out numbers 3 4 and 5

Oh ok, why is that? It states I was there under 5 minutes, only for 4 minutes, but ok 

Not needed as you don't reveal you were driving 

Thank you! All submitted as keeper with points 1 and 2… let’s see what they say.