Airport drop off PCN to registered keeper Options

[TourismCongestio...]

Hi

Received PCN for dropping off at an airport outside designated areas. It was addressed to me, as the registered keeper.

Reached the airport and driver was driving past, about to stop in car park further up road. Got to zebra crossing, so think needed to stop anyway (not totally sure about this), driver stopped briefly to let passenger out as it would be more convenient (passenger has illnesses so would save the walk). Driver can go back and check signs but although there might have been something about where to drop off, driver definitely doesn't remember anything about fine for dropping off. Photo they have supplied shows small part of back wheels on yellow crossed lines.

Are there grounds to appeal or should I just pay up?

Sorry, having attachment issues. I'm trying to add .jpg of the letter text but can only add the front page (have tried from both PC and phone now). Letter says that I can either pay or provide driver details. Fine is £60 within 28 days or £30 within 14. I can appeal to APCOA and then to POPLA.

This post has been edited by TourismCongestion: Tue, 21 May 2019 - 14:49

[TourismCongestio...]

Thanks for all the help with this!

I now have a final draft below, if anyone has any extra comments - if not I will send Wed evening.

POPLA Verification Reference Number XXXXXXXXXX

APCOA Parking PCN No. XXXXXXXXXX

A notice to the registered Keeper was issued on Xth May 2019 and received by me, the registered keeper of XX10XXX on XXth May 2019 for an alleged contravention of “Dropping off or picking up outside designated areas” on XXth May 2019 at XX:XX:00 at XXX Airport. I am writing to you as the registered keeper and would be grateful if you would consider my appeal for the following reasons.

1) Notice sent to registered keeper and not driver – registered keeper was not driving at the time of the alleged contravention and APCOA have agreed that POFA 2012 does not apply.
2) Penalty under byelaws does not apply.
3) Unclear signage, which is wholly incapable of creating a contract with a driver.

1) APCOA have failed to show that, as the registered keeper, I can be in any way held liable for this charge. No evidence has been supplied as to who was driving and, for the avoidance of doubt, it was not the registered keeper. Airport land is not 'relevant land' as it is already covered by statutory bylaws and so is specifically excluded from 'keeper liability' under Schedule 4 of the Protection of Freedoms Act 2012. APCOA have agreed that the Protection of Freedoms Act 2012 does not apply and so this alone means that the PCN should be cancelled.

2) It appears that APCOA are attempting to claim that the charge is liable to them under airport byelaws. I reject this and would like them to advise which byelaw they claim was broken and why this would result in an obligation to pay them. Airport byelaws do not apply to any road to which the public have access, as they are subject to road traffic enactments. Furthermore, if they are claiming a penalty under airport byelaws, then that is a matter for a criminal prosecution in a magistrates court. Even if the driver had broken a byelaw (which is not the case), there is nothing in the enabling legislation (Airport Act 1986) which allows liability to be transferred from the driver to me, the registered keeper.

3) The signage was neither clear not ample, and a motorist would have no time to read the signage, let alone consider it, as a charge is applied at the instant a vehicle stops. The signage cannot be read safely from a moving vehicle. APCOA have provided photographs of signage but nothing to show their location or that the driver actually passed those signs, nor how they look in real time from a car. Any terms are not legible from a moving vehicle and APCOA have not shown otherwise. Even if it was clear, the signage could not create a contract with a driver who would have to stop to read it. If APCOA are claiming under contract law, the signs were forbidding, and so a contract could not possibly have been entered into.

I therefore request that POPLA uphold my appeal and cancel this PCN.

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[TourismCongestio...]

My appeal was accepted! The parking company didn't even respond.

Thank you so much to everyone who responded and helped with this.