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#Post#: 76221--------------------------------------------------
Airport drop off
DIR By: Zic654
Date: June 12, 2025, 10:03 am
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Hello
Please help. the registered keeper received a parking charge
notice for allegedly not paying the fee at Luton airport drop
off. However the PCN was not received at the time and the keeper
was unaware of the charge until much later. (PCN attached)
[attachment deleted by admin]
#Post#: 76224--------------------------------------------------
Re: Airport drop off
DIR By: DWMB2
Date: June 12, 2025, 10:11 am
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Welcome to FTLA.
As Luton Airport is subject to byelaws, it is subject to
"statutory control", and as such, not relevant land for the
purposes of Schedule 4 of the Protection of Freedoms Act
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4,
meaning
they cannot hold the keeper liable. You could therefore appeal
along the lines of the below:
[indent]Dear Sirs,
I have received your Parking Charge Notice (Ref: ______) for
vehicle registration mark _______, in which you allege that the
driver has incurred a parking charge. I am appealing as the
registered keeper of the vehicle. There is no obligation for me
to name the driver and I will not be doing so. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act").
Even if you were seeking to do so, as the Luton Airport Pick Up
/ Drop Off Zone is not "relevant land" as defined by The Act you
are unable to recover the charge from me, the keeper.
I am therefore unable to help you further with this matter, and
look forward to your confirmation that the charge has been
cancelled. If you choose to decline this appeal, you must issue
a POPLA code.
Yours,[/indent]
If appealing online, be careful there are no drop down/tick
boxes that cause you to identify who was driving, and keep a
close eye on your spam folder for their response. If they do not
respond within 28 days, chase them. Please let us know when you
get a response.
#Post#: 76238--------------------------------------------------
Re: Airport drop off
DIR By: Zic654
Date: June 12, 2025, 10:54 am
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Thanks so much your for quick reply.
I tried to submit an appeal but the following message appears.
"Sorry, we cannot find this ticket - please check the details
you have provided are correct".
Please can you advise.
Thanks again
[attachment deleted by admin]
#Post#: 76243--------------------------------------------------
Re: Airport drop off
DIR By: ticketterminator
Date: June 12, 2025, 11:06 am
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APCOA has not fully complied with POFA – the wording is
deficient.
Therefore, they cannot transfer liability to the keeper if the
driver is not named.
The keeper has no legal obligation to name the driver.
Use this template ______
APCOA Parking UK Ltd
PCN Number: [Insert PCN number]
Vehicle Registration: [Insert vehicle reg]
I am the registered keeper of the vehicle. I am appealing this
Parking Charge Notice on the grounds that your Notice to Keeper
does not comply with the requirements of Schedule 4 of the
Protection of Freedoms Act 2012 (POFA).
Your notice fails to meet the mandatory wording and requirements
set out in POFA, and as such, you are unable to transfer
liability to the keeper. I am under no obligation to name the
driver and will not be doing so.
Therefore, I expect this notice to be cancelled. Should you
reject this appeal, I require a POPLA code so the matter can be
referred for independent adjudication.
Kind regards,
[Your Name]
Registered Keeper
#Post#: 76244--------------------------------------------------
Re: Airport drop off
DIR By: ticketterminator
Date: June 12, 2025, 11:10 am
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No Clear Statement That They Are Relying on POFA
POFA Schedule 4, paragraph 9(2)(f) requires a specific
statement:
“the creditor has the right to recover from the keeper so much
of the unpaid parking charges as remain unpaid...”
APCOA’s PCN does not include this wording. Instead, it says:
“We invite you, the Registered Keeper, to pay...”
This wording is non-binding and fails to establish keeper
liability under POFA.
also, No Mention of “Period of Parking”
POFA 9(2)(a) requires the PCN to “specify the period of parking
to which the notice relates”.
Your PCN only gives entry and exit timestamps (ANPR capture).
This refers to total time on site, not a clearly defined "period
of parking".
POFA case law (such as POPLA appeals and ICO guidance) confirms
that entry/exit times alone don’t satisfy the requirement for a
defined parking period.
also2, Wording Implies Driver Liability Only
The “USEFUL INFORMATION” section says:
“As we do not know either the name of the driver or their
current address, we invite you...”
And:
“Please note making payment... is accepting liability.”
This again undermines POFA compliance. Under POFA, if they wish
to pursue the keeper, they must do so unambiguously and legally
— not with invitations or requests.
also3, Lack of Mandatory POFA Warning About 28-Day Liability
POFA 9(2)(f) also mandates a warning that if the keeper does not
provide driver details within 28 days, they may be held liable.
This PCN does not include that statutory warning.
#Post#: 76246--------------------------------------------------
Re: Airport drop off
DIR By: DWMB2
Date: June 12, 2025, 11:13 am
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--- Quote from: Zic654 link ---
>
> Thanks so much your for quick reply.
> I tried to submit an appeal but the following message appears.
>
> "Sorry, we cannot find this ticket - please check the details
you have provided are correct".
>
> Please can you advise.
> Thanks again
>
--- End Quote ---
Where did you go to appeal - try
HTML https://lutondropoff.apcoa.com/
HTML https://lutondropoff.apcoa.com/
#Post#: 76250--------------------------------------------------
Re: Airport drop off
DIR By: DWMB2
Date: June 12, 2025, 11:20 am
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--- Quote from: ticketterminator link ---
>
> APCOA has not fully complied with POFA – the wording is
deficient.
>
--- End Quote ---
More importantly, parking in the area is subject to statutory
control in the form of byelaws, meaning the land is not
"relevant land" for the purposes of PoFA - so it is not possible
for APCOA to comply, regardless of the wording on their notice.
#Post#: 76259--------------------------------------------------
Re: Airport drop off
DIR By: b789
Date: June 12, 2025, 12:10 pm
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[member=5846]ticketterminator[/member], you are not providing
correct information. PoFA is irrelevant with regard to PCNs
issued for alleged contraventions on land that is under
statutory control. The land is not 'relevant'.
So, trying to appeal on the fact that the NtK does not comply
with PoFA is not the point. All the operator needs to do is turn
around and say that they are not relying on PoFA.
Any appeal has to simply state that there is no Keeper liability
on land that is under statutory control. There are two versions
of the appeal template we use on here, depending on who advises
first, [member=103]DWMB2[/member] or myself.
[member=103]DWMB2[/member] has already provided a template that
will get a cancellation, guaranteed, as long as the Keeper can
get it submitted.
#Post#: 76260--------------------------------------------------
Re: Airport drop off
DIR By: Zic654
Date: June 12, 2025, 12:12 pm
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Thanks all for your input.
Yes, I am trying this link.
HTML https://lutondropoff.apcoa.com/
A message appears stating we cannot find this ticket.
I am unable to find any email to submit the appeal.
#Post#: 76264--------------------------------------------------
Re: Airport drop off
DIR By: b789
Date: June 12, 2025, 12:20 pm
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Try submitting here:
HTML https://pcnpayments.apcoa.co.uk/pcnonline/index.php
On their 'contact us' page, they have a "live chat" (not), but
you can leave a message for them, so you can use that to tell
them about the problem.
Just remember to only refer to the driver in the third person.
You are the Keeper. No "I did this or that", only "the driver
did this or that".
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