Debt Recovery Plus Letter landed

Queost

Hi all,

I had a PCN from manchester airport (yes we forgot to pay) and we challenged it with the standard template.
"I appeal as keeper. I am not obliged to identify the driver and I decline to do so.

1. You are unable to transfer liability to the keeper pursuant to Schedule 4 to the the Protection of Freedoms Act 2012 ('POFA') because airport drop off zones 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 paragraphs 9(2)(e) and (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;"

They just responded asking for the keepers details and signature etc which i supplied online, rejected their PCN in the same way. They just sent another letter for keepers details.

Today i got the DRP letter. I cannot open the PCN claim to send the same rhetoric back. What are the options from here?

Thanks

Le_Kirk

Check the NEWBIE sticky fourth post regarding advice about debt recovery letters - IGNORE them. Come back here if you receive a Letter of/before Claim or N1SDT claim form.

Coupon-mad

@Queost

It is unclear what you are saying...

You appealed and they didn't send you a POPLA code?

Have you lodged a complaint with APCOA yet about the missing POPLA code? Obviously you must do that first before escalating the complaint to the BPA.

Or,

…if the keeper wasn't driving, they can easily prove it wasn't them by providing a redacted copy of their driving licence and telling APCOA to erase their data.