Parking charge from APOCA at eastmidlands

pennyunwise00

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.

Gr1pr

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 

pennyunwise00

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.

pennyunwise00

Cancellation of parking charge email has been received.

Thanks all, and if anyone else finds this in the future, the above text was all that was in the appeal that was sent to APCOA.

Nuggetz1

Hi Pennyunwise. I have just received a dreaded letter from APCOA for the same mishap at East Mids Airport rapid dropoff. My letter from them doesn't mention PFoA. Did they refer to that in yours or am I misunderstanding that's just part of a legal response to contest the charge. I have only just received the notice from them today 6 Jan however they've quoted an issue date for the letter of 31 Jan. The visit to rapid dropoff was made on 20 December. Is this a way for them to get round the 14 day window to notify me of the charge? Or are they just a bit slow?

Woodstok2000

They only need to show they posted the notice, and it's assumed to be delivered within 2 days of that date, so here they are well within the timeline.

Just follow the same steps above and you'll be grand.

ChirpyChicken

As above use the set text 
Appeal as keeper
Job done

Nuggetz1

Thanks Woodstok and ChirpyChicken

Coupon-mad

Woodstok2000 said:

They only need to show they posted the notice, and it's assumed to be delivered within 2 days of that date, so here they are well within the timeline.

The timeline is irrelevant. Non-POFA anyway.

Nuggetz1

Coupon-mad said:

Woodstok2000 said:

They only need to show they posted the notice, and it's assumed to be delivered within 2 days of that date, so here they are well within the timeline.

The timeline is irrelevant. Non-POFA anyway.

Thanks, so process with the text exactly as used by poster pennyunwise as above. No other information needed? 

ChirpyChicken

Nuggetz1 said:

Coupon-mad said:

Woodstok2000 said:

They only need to show they posted the notice, and it's assumed to be delivered within 2 days of that date, so here they are well within the timeline.

The timeline is irrelevant. Non-POFA anyway.

Thanks, so process with the text exactly as used by poster pennyunwise as above. No other information needed? 

Yes......!