APCOA rejected appeal help

GregOla

Hi all,
My son got a PCN from APCOA for not paying a drop-off fee at Heathrow. I advised him to appeal as the notice took 52 days to arrive, rather than the required 14. He used wording/reasoning I have successfully used in the past several times against NCP.

However, APCOA have rejected his appeal - appearing to suggest that because they didn't comply with the Protection of Freedoms Act, the timeframes don't apply and they can issue a notice up to seven months after the supposed offence.

For clarity, he did not use a template from this site and may have identified himself as the driver. The wording was along the lines of: "I would like to challenge this PCN on the grounds that it was not issued within the required time period.

Section 9 (5) on Schedule 4 of the Protection of Freedoms Act 2012 states the n
I've attached an image of their letter (hope it's readable) and would like advice on whether to appeal further.otice must be issued within 14 days, starting the day after the parking period. As the parking period date was May 26, the notice should have been issued by June 10 but was not done so until August 1 - 52 days outside the permitted time frame.

I hope you take into account this reasoning and cancel this PCN."

I've attached an image of their letter (hope it's readable) and would like advice on whether to appeal further.

Thanks

Greg

Coupon-mad

Welcome!

Nice of them to admit they can't hold him liable!

Yes: appeal further; it is a slam dunk win at POPLA. He can't lose as long as he doesn't say who was driving.

Gr1pr

Bear in mind that the 14 day rule didn't apply at the airport,  it never did, not relevant land,  so 52 days is no issue,  given that they have 6 months to obtain keeper details and one month to get the pcn to the keeper,  making 7 months in total,  around 210 days or more , 4 times longer than your anecdotal story above 

But as mentioned above,  the keeper has no legal liability due to it being an airport 

He should have used the template from the airport group thread here, but now must look at popla cases that won regarding airports and tailor his popla appeal accordingly,  as keeper, no keeper liability,  no mistakes this time, because they probably would have cancelled it if the typical airport template had been used

The popla appeal must NOT reveal or infer who was driving