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Parking charge from APOCA at eastmidlands

Hi there all thanks in advance,

I dropped some family members off at EMA on 28/09 and completely forgot to pay the charge, due to them removing the barriers and then having a busy 48 hours afterwards. I completely forgot to pay online. After the "midnight the day after" limit had expired, there is no way to pay the £5 

Now I have the lovely letter from them showing the front and rear of my car and demanding £60 within 28 days

I have seen the advice to use the blue text from the newbie thread, but I have also seen people using the following example for certain other airports and wanted to check to see which one is best.

All I have done is change East Midlands from Manchester. 

APCOA cannot hold me, the registered keeper, liable for any alleged contravention on land under statutory control. As a matter of fact and law, APCOA is well aware that it cannot use the provisions of the Protection of Freedoms Act 2012 (PoFA) because East Midlands Airport is not 'relevant land.'

If East Midlands 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. Its 'parking charge' is not a penalty and never attempts to be. It is created for APCOA's own profit (as opposed to a bylaws penalty that goes to the public purse). 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. The Notice to Keeper (NtK) can only hold the driver liable. APCOA has no hope at POPLA. 

Please, could the lovely people of MSE help me out and say which is best 

Thanks again.

Comments

  • Gr1pr
    Gr1pr Posts: 9,449 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    A Manchester appeal is perfectly OK as long as the correct details are used, in your case EMA seeing as that is the location 

    No blabbing about who was driving or about what happened,  appeal as keeper 
  • Gr1pr said:
    A Manchester appeal is perfectly OK as long as the correct details are used, in your case EMA seeing as that is the location 

    No blabbing about who was driving or about what happened,  appeal as keeper 
    Thank you for that. appeal is going in now.
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