Leaving Vehicle Unattended PCN, Airport Drop-Off

PuxtatawneyJont

Hi. I've searched the forum but can't find a similar case. I've received a PCN from APCOA for leaving a vehicle unattended at MAN airport pick-up zone. I was gone for literally 3 mins because my wife didn't know the way to the car park. Do I treat this as a normal parking fine and send the below? MAN simply refers me to APCOA for parking complaints. Thank you!

 

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, so you are urged to save us both a complete waste of time and cancel the PCN.

ChirpyChicken

that will work yes .appeal as the keeper

PuxtatawneyJont

ChirpyChicken said:

that will work yes .appeal as the keeper

Ok great, thanks. Actually I was querying on behalf of my wife as she is the registered keeper and therefore the PCN recipient. It's just that I take care of all these kind of things. I'll go ahead now and fill in the appeals form for her! 

ChirpyChicken

Let us know when its cancelled 

PuxtatawneyJont

ChirpyChicken said:

Let us know when its cancelled 

I will, thanks 

PuxtatawneyJont

Update: fine cancelled.

Herding_Cats25

Just dropping in to say I'm currently appealing two PCNs from Manchester Airport. One for "Leaving Vehicle Unattended" and one for overstaying the drop off time (which happened because the security man was scolding me for leaving the car for a minute! If he'd not talked to me, I'd have been out on time...)

I know we don't like extending threads, but I have to say that seeing other people's successful appeals gives me a lot of confidence so I want to continue that. I have used the exact same template as OP for my appeals. I will report back what happens. Thanks! 

Half_way

Golden rule here, never identify the driver.
Airport drop off fees are a complete scam and should not be permitted as art of an airports CAA operating licence.
 All they, and other such over the top traffic rules serve to do is cause further issues for local communities in surrounding towns and villages

Coupon-mad

Herding_Cats25 said:

Just dropping in to say I'm currently appealing two PCNs from Manchester Airport. One for "Leaving Vehicle Unattended" and one for overstaying the drop off time (which happened because the security man was scolding me for leaving the car for a minute! If he'd not talked to me, I'd have been out on time...)

I know we don't like extending threads, but I have to say that seeing other people's successful appeals gives me a lot of confidence so I want to continue that. I have used the exact same template as OP for my appeals. I will report back what happens. Thanks! 

A more relevant thread to read and update your wins on, is the Airport Drop off Group thread.

Herding_Cats25

Update: the PCN for leaving vehicle unattended has today been cancelled following an appeal using OP's template.

Thanks all, thanks for this forum/thread. Especially Chirpy and Coupon for keeping it alive.