Received a charge from APCOA parking

Greenflowers101

Hi all
I am just posting here to find out if my dad has a chance to appeal a charge. He was going to pay it but I advised him not to just incase. 
He received a parking charge from APCOA Parking. He went to Manchester Airport to drop a family member off. He used the Manchester Airport upper drop off forecourt T2. He is a pensioner and is not used to the new format. On the way out he thought there will be the old fashioned pay on exit barrier if he had to pay. There was no barrier on exit so he assumed it was free. I checked online and it looks like you have to pay online after parking. But I am, not too sure myself. It looks like it is free for blue badge holders who are traveling. he was not traveling but does hold a blue badge. Does he have any chance of appeal? Thank you 

Gr1pr

Yes, he appeals as keeper using the template appeal seen in other recent airport threads on here,  including Manchester Airport 

Greenflowers101

Gr1pr said:

Yes, he appeals as keeper using the template appeal seen in other recent airport threads on here,  including Manchester Airport 

Really appreciate your reply. I am so sorry but I am new to this. Where can I find the template? Thank you 

Gr1pr

In the threads on here by other victims,  or the Gatwick and Heathrow group thread 

Greenflowers101

Gr1pr said:

In the threads on here by other victims,  or the Gatwick and Heathrow group thread 

Thanks. I found this. Is this the correct one template? I removed no 5 because he was there longer than 5 minutes. 

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;

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. 

Gr1pr

Seems to be based on the usual template ,  Or use

https://forums.moneysavingexpert.com/discussion/6607818/apcoa-pcn-manchester-airport-drop-off/p2

Greenflowers101

Gr1pr said:

Seems to be based on the usual template ,  Or use

https://forums.moneysavingexpert.com/discussion/6607818/apcoa-pcn-manchester-airport-drop-off/p2

Thank you for the link. 

just to confirm do I use this template I found on the link?

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, 

Apologies for my stupid questions..

Gr1pr

If that was the appeal written by doubledotcom,  then YES, as keeper,  from the keeper  ( not from YOU  )

You assist the RK, your dad, to do it, nothing more,  its not in your name 

Greenflowers101

Gr1pr said:

If that was the appeal written by doubledotcom,  then YES, as keeper,  from the keeper  ( not from YOU  )

You assist the RK, your dad, to do it, nothing more,  its not in your name 

Yes it was written by doubledotcom. Thank you for helping us out. The registered Keeper (my dad) has appealed online. I will update once we get a response. Thank you once again.