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#Post#: 52467--------------------------------------------------
APCOA lUTON eXPRESS dROP oFF
DIR By: sugarray
Date: January 8, 2025, 11:15 am
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Hi all, happy new year. Another year another pcn!
Received a pcn for drop off at Luton airport but didn't notice
they were charging again. It was 21.42 23/12/2024. I was at
Luton just a few weeks before and there was no signs for
payment. Is this a scam? I was going to respond with a simple
challenge that was unaware of parking and know for future.
Thoughts?
#Post#: 52473--------------------------------------------------
Re: APCOA lUTON eXPRESS dROP oFF
DIR By: b789
Date: January 8, 2025, 11:23 am
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Easy one to defeat... as long as the unknown drivers identity is
not revealed. There is no legal obligation on the known keeper
(the recipient of the Notice to Keeper (NtK)) to reveal the
identity of the unknown driver and no inference or assumptions
can be made.
The location is not "relevant land" for the purposes of PoFA
which means that if the unknown driver is not identified, they
cannot transfer liability for the charge from the unknown driver
to the known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- 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
Luton Airport is not 'relevant land'.
>
> If Luton 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 ---
#Post#: 52477--------------------------------------------------
Re: APCOA lUTON eXPRESS dROP oFF
DIR By: sugarray
Date: January 8, 2025, 11:25 am
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Wow excellent will do now. Thanks
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