IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Manchester airport parking fine

Options
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 
«1

Comments

  • Gr1pr
    Gr1pr Posts: 8,302 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    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_
    telly123_ Posts: 6 Forumite
    First Post
    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
    doubledotcom Posts: 100 Forumite
    10 Posts Name Dropper Photogenic
    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
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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?
    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
  • ChirpyChicken
    ChirpyChicken Posts: 1,485 Forumite
    1,000 Posts Name Dropper Photogenic
    edited 14 June at 1:19PM
    Take out numbers 3 4 and 5
  • telly123_
    telly123_ Posts: 6 Forumite
    First Post
    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_
    telly123_ Posts: 6 Forumite
    First Post
    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
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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. 
    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
  • ChirpyChicken
    ChirpyChicken Posts: 1,485 Forumite
    1,000 Posts Name Dropper Photogenic
    telly123_ 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_
    telly123_ Posts: 6 Forumite
    First Post


    telly123_ 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. 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.