New Manchester Airport Pick Up Parking Charge (APCOA)

Jimmyben

Looks typical of others. Dropped off and completely forgot to pay. Once remembered, it was too late to pay!

After the parking charge was received in the post, I checked here and found it would be pretty simple to appeal. However, some of the templates are referring “Relevant Land” and POFA.

On the parking charge received, it specifically mentioned the parking charge was incurred on private land. It also doesn’t mention POFA or Protection of Freedoms Act anywhere on the letter.

Has something recently changed? Or am I able to use some of the templates found on various threads here?

Appreciate the help!

Gr1pr

Nothings changed, appeal as keeper 

https://forums.moneysavingexpert.com/discussion/6607818/apcoa-pcn-manchester-airport-drop-off/p1

Jimmyben

Thanks for the above.

So, I’ll be sending this:

“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.”

And fingers crossed everything will be cancelled?

ChirpyChicken

Yes thats fine and yes it will be