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Stansted APCOA Express Set Down – driver identified, advice please
Hi all,
Looking for advice on a Stansted Express Set Down PCN.
My dad drove my car to drop me off for an early flight on 30 July at around 4:47am. The car was in the drop-off area for just under 3 minutes. I was responsible for paying the drop-off fee afterwards but, with the early start and getting into the airport for my flight, I forgot.
I remembered a few days later and called APCOA on 4 August at 15:31, before receiving any PCN, asking if I could still pay the original fee. They told me there was nothing I could do at that point.
When the PCN arrived, I appealed explaining this. APCOA then asked who was driving and, unfortunately before reading the MSE advice, I identified my dad as the driver.
APCOA has now sent him a fresh £100 PCN (£60 discounted), stating that “the driver of the vehicle at the time of the alleged contravention is liable for the Parking Charge.”
I realise identifying the driver may have removed the POFA/keeper-liability argument. Given where we are now, what would you recommend as the best grounds for my dad’s appeal? Are the Stansted byelaws/relevant-land, signage/contract, APCOA authority or other arguments still relevant now that the driver has been identified?
I have evidence of my call to APCOA trying to pay before any PCN was received.
Thanks for any advice.
Comments
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In regards to your dad being the driver, it's unfortunate that you 'dobbed him in' so to speak.
AFAIK appealing is now almost certainly not going to work. As they are now pursuing your dad directly as the driver it depends on whether he would want to just ignore and hope APCOA don't choose to take him to court.
Historically, APCOA have been known to never take things as far as a court claim but I have seen it suggested that stance may have recently changed, see this thread:
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Oh no that was the worst thing to do!
You have just thrown away the 100% win that you had as keeper, and left your dad up the creek without a paddle. He can't win on appeal. You would have.
Tell him to ignore it.
Never do that again!
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