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#Post#: 88671--------------------------------------------------
APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI) caught
by change of operating conditions
DIR By: swim80
Date: September 6, 2025, 9:46 am
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Hi,
On 22nd August, DRI picked up a friend from East Midlands
Airport at the rapid/pickup drop-off point. Upon completing the
pickup, DRI proceeded to the exit of the car park expecting to
use the payment machine on exit. Upon exiting it became clear
that the payment machine was no longer present. DRI spent a sum
total of 2 minutes and 22 seconds in the rapid pickup zone. On
4th September, TRK received a parking charge notice from APCOA (
HTML https://imgur.com/a/5QalYa7)
indicating that payment for the use
of the pick-up zone should have been made online or by phone and
that a £100 (£60) fine is now payable.
DRI had no idea the conditions of using the car park had changed
(on 1st May 2025 it seems) since their last visit and assumed
that the time spent at rapid pickup was within the grace period
that previously applied.
TRK believes the fine is unreasonable and wholly
disproportionate and would like some advice on how to dispute
this on behalf of DRI.
Kind Regards,
TRK
#Post#: 88673--------------------------------------------------
Re: APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI)
caught by change of operating conditions
DIR By: jfollows
Date: September 6, 2025, 9:51 am
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PoFA does not apply because the land is under statutory control
and therefore the liability can not be transferred from the
driver to the registered keeper.
As long as the driver has not been identified.
#Post#: 88691--------------------------------------------------
Re: APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI)
caught by change of operating conditions
DIR By: b789
Date: September 6, 2025, 12:57 pm
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APCOA have no idea who the driver is unless the Keeper blabs it
to them. Follow this advice and you will not pay a penny to
APCOA.
You appeal ONLY as the Keeper. Do not select any option on their
appeal portal except Keeper or Other. Use the following and do
not try and overthink or edit 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
East Midlands Airport (EMA) is not 'relevant land'.
>
> If EMA 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#: 88783--------------------------------------------------
Re: APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI)
caught by change of operating conditions
DIR By: swim80
Date: September 7, 2025, 9:27 am
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Submitted verbatim.
Your help once more is kindly appreciated b789!
#Post#: 92630--------------------------------------------------
Re: APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI)
caught by change of operating conditions
DIR By: SpongeBob
Date: October 2, 2025, 3:59 pm
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Hi swim80
I just got the same thing
Have you a reply yet ?
#Post#: 92714--------------------------------------------------
Re: APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI)
caught by change of operating conditions
DIR By: Dave65
Date: October 3, 2025, 9:46 am
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SpongeBob
If you are looking for advice, then start your own thread.
Individual cases can differ.
#Post#: 92774--------------------------------------------------
Re: APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI)
caught by change of operating conditions
DIR By: SpongeBob
Date: October 4, 2025, 5:16 am
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I am interested in what happens to swim80 as mine is exactly the
same circumstances and exactly the same document that has
arrived.
Mine differs from that of swim80 only, of course, in PCN number,
registration, photos and date. Otherwise it is a carbon copy
So I am still very interested to know the outcome, swim80
#Post#: 92799--------------------------------------------------
Re: APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI)
caught by change of operating conditions
DIR By: b789
Date: October 4, 2025, 7:22 am
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I will take a bet from anyone who cares, at 10:1 odds, that the
outcome will be that this will be cancelled and not a penny
shall pass to APCOA.
Any takers?
#Post#: 92804--------------------------------------------------
Re: APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI)
caught by change of operating conditions
DIR By: SpongeBob
Date: October 4, 2025, 8:12 am
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I am inclined to cut and paste verbatim from b789's Reply #2
and just get on with it
He (sorry if she) sounds very confident
#Post#: 92806--------------------------------------------------
Re: APCOA, East Midland Airport, Rapid Drop-Off: Driver (DRI)
caught by change of operating conditions
DIR By: jfollows
Date: October 4, 2025, 8:18 am
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--- Quote from: SpongeBob link ---
>
> I am inclined to cut and paste verbatim from b789's Reply #2
and just get on with it
>
> He (sorry if she) sounds very confident
>
--- End Quote ---
Please start your own thread, rather than hijacking someone
else’s. You signed up to this when you joined, and it’s
confusing for the rest of us.
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