Manchester Airport drop off zone charge

Squidman7

Hi All,

Back again with another conundrum from the archives of our glorious country’s rip off parking companies!

So the driver of my vehicle was trying to find their way into the over height parking area at Manchester airport (in a van), and they accidentally drove through the drop off zone (but didn’t stop at any point).

Guidance most appreciated in how to combat this ‘Parking Charge’ from APCOA.

Alleged offence breach was on 22/03, issue of PCN was 28/03, but letter wasn’t received until today 10/04.

Many thanks in advance.

Gr1pr

Study the other Manchester airport cases over the last 12 months plus the Heathrow Gatwick Manchester group thread

The Keeper appeals using the template appeal shown in those airport threads ( not the newbies template. )

No blabbing about who was driving or about what happened

There was no offence, just an alleged breach

Squidman7

https://forums.moneysavingexpert.com/discussion/comment/81957505#Comment_81957505

Thanks, will respond as follows on the appeal page:

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. 

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. 

I further instruct you to erase all of my personal data from your records. 

Coupon-mad

Yep that'll win. Do NOT tick 'driver'.

Squidman7

https://forums.moneysavingexpert.com/discussion/comment/81957680#Comment_81957680

Of course 😆😉💚

Thanks as ever for your outstanding work 🙏🏼☺️