Manchester Airport T1 drop off fine

id1979

Just received one of these through the post from APCOA after dropping our son off who was moving to Australia and we were understandably distressed and must have missed the signs and there was no toll in use like we have used at Liverpool before. 

Anyway I’ve seen there are a million and one of these posts on here but our situation is slightly different and wondered how I would go about appealing as the vehicle is a company car so the fine has been addressed to the Company Secretary (which I’m not, I’m an Assistant Sales Manager). So how would I use that template where you say you are the registered keeper but aren’t willing to give out the drivers details? Do I use my own name and title or what? 

It was actually not in my company car but one I borrowed from a colleague (we are all insured on everybody’s) as it had a bigger boot but the accountant had just passed to me to sort.

Thanks in advance

Coupon-mad

Are your company the registered keeper?

Or did the PCN first go to a lease firm who named the company as hirers?

id1979

Thanks for the reply, the company is the owner of the vehicle

Coupon-mad

OK so appeal as the company. Not as you.

id1979

So just don’t use my name or use the title company secretary as that’s who they’ve addressed it to?

Coupon-mad

Yes if your company doesn't mind. I mean the PCN will be cancelled either now or at POPLA anyway because a company cannot be assumed to be 'the driver'!

Give your email address so it comes to you.

id1979

Okay thanks very much, no the company won’t be bothered, we’re only a smallish company, pretty relaxed

Nellymoser

Care to join the 1,899 others who are asking Govt to Ban Drop-off charges at airports sign and share, 

https://petition.parliament.uk/petitions/724381

47,588 people signed the same petition on Change.org 

id1979

Coupon-mad said:

Yes if your company doesn't mind. I mean the PCN will be cancelled either now or at POPLA anyway because a company cannot be assumed to be 'the driver'!

Give your email address so it comes to you.

Sorry to bother you, been really busy last few days, just getting round to doing this. I've found a couple of different reply templates, is this the one i should use?

I appeal as keeper. I am not obliged to identify the driver, and I decline to do so. I appeal on the following grounds:

1. You are unable to transfer liability to the keeper pursuant to Schedule 4 to the Protection of Freedoms Act 2012 ('POFA') because the drop-off zones at Heathrow 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 paragraph 9(2)(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.

I require you to cancel the PCN or issue a POPLA Code so POPLA can order you to cancel it. 

id1979

or this one?:

his is an appeal by the registered keeper - No driver details will be given. Please do not bother with your known fishing expedition in an attempt to get driver details to try and get around the fact there is no keeper liability (and never can be under POFA).

Due to this being airport land you will be well aware there is no keeper liability due to the byelaws in force and the fact this is not relevant land.

As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw

If you waste your time asking for driver details this will be ignored and you will still lose at POPLA if you dont cancel the PCN

So let's save my time and yours and cancel this PCN you simply cannot win this (and you know it).

ChirpyChicken

use the latest one you posted up please