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       #Post#: 36844--------------------------------------------------
       Heathrow PCN : inadvertently went through drop off not car park
       but did not stop!
   DIR By: beano5892
       Date: September 14, 2024, 9:04 am
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       Hi Folks
       The driver of my car accidentally took the left hand lane at the
       top of T5 parking ramp, realised error and drove straight
       through the drop off zone with out stopping, circled round and
       entered the car park for advance booked valet parking.
       Having researched, they assumed that there would be no PCN
       issued as they did not stop and the system would recognize this.
       PCN has arrived to me as keeper of the car!
       I know that I can appeal a Heathrow PCN and have successfully
       done as keeper of vehicle etc but before I do , I am interested
       as to what my legal position is, given the car did not stop and
       literally went straight round. On googlesearch there seem to be
       varying stories as to automatic cancellation through to needing
       to appeal showing payment of the parking on the same day/time.
       It's not a biggy but just annoying for me as keeper to deal
       with.
       Thanks
       #Post#: 36854--------------------------------------------------
       Re: Heathrow PCN : inadvertently went through drop off not car
       park but did not stop!
   DIR By: b789
       Date: September 14, 2024, 10:15 am
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       Easy peasy. Simply appeal to APCOA as the Keeper with the
       following which is guaranteed to get it cancelled, as long as
       you don't edit or try and enhance it. Only select any options as
       "Keeper only" or, preferably "other":
       --- Quote ---
       > 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
       Heathrow Airport is not 'relevant land'.
       >
       > If Heathrow 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.
       --- End Quote ---
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