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Heathrow T3 Drop off PCN
dave58
post Mon, 30 Jan 2023 - 20:55
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Hello,

I am new and just jointed the forums today. i reveived Heathrow T3 drop off PCN from APCOA as a keeper, and have appealed to APCOA with the following grounds: 1) as a keeper, I have no obligation to identify driver and decline to do so, 2 )Heathrow airport is not "relevent land" for the purpose of Schedual 4 to the Protection of Freedom Act 2012(PoPA), so the operator cannot transfer liability to the driver. it's their responsibility to issue the PCN to the driver, not to the car keeper.

Now I am thinking, in the case my appeal to APCOA is rejected, taking into account of the POPLA proccess takes 6-8 weeks, is it worth to take my case to POPLA if APCOA won't hold my case while I appeal to POPLA? because in the end of the day I could end up to pay more to APCOA. looking for you guys inputs and advice, thank you very much in advance.

This post has been edited by dave58: Tue, 31 Jan 2023 - 11:34
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post Mon, 30 Jan 2023 - 20:55
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Redx
post Mon, 30 Jan 2023 - 21:12
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Definitely appeal to the popla, as keeper, if they give you a popla code

Slam dunk at popla as long as the driver is not revealed

Read other Apcoa threads and adapt any recent popla appeal for any airport, especially Heathrow
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dave58
post Mon, 30 Jan 2023 - 22:11
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QUOTE (Redx @ Mon, 30 Jan 2023 - 21:12) *
Definitely appeal to the popla, as keeper, if they give you a popla code

Slam dunk at popla as long as the driver is not revealed

Read other Apcoa threads and adapt any recent popla appeal for any airport, especially Heathrow


Thank Redx, my question is if APCOA will continue to hold my case or not while I am appealing to POPLA, I have looked the POPLA FAQs, it says "While your appeal is with POPLA, the operator must not pursue you for payment. If the operator requests payment from you while your appeal is with POPLA, please notify the British Parking Association who will look into it. does it mean I still have the option to pay £40 within 14 days if POPLA decision is not favour to me in the end of the day? in recent days I went through most of the similar threads here and other forums, some people had successful appear with POPLA, but some not.

The APCOA PCN stated that "Signs are clearly displayed throughout the area showing these terms and conditions.", from the online pictures and videos, in my point of view, the facts seems not as APCOA described, in the T3 drop off arear, there are no signs to show how to pay at all, I carefully watched some youtube videos today, couldn't see the T&Cs or £80 fine el al signs.

This post has been edited by dave58: Tue, 31 Jan 2023 - 11:27
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Nosy Parker
post Tue, 31 Jan 2023 - 05:17
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In my experience, APCOA always cancels a Heathrow drop off PCN where the keeper declines to identify the driver and points out that there can be no keeper liability as Heathrow is not relevant land as defined in POFA. So all your other questions should be irrelevant. If APCOA departs from its usual practice and refuses your appeal you should have an easy win at POPLA. In the very unlikely event that POPLA also gets it wrong, come back here for further advice. In the meantime, go back over your previous posts and edit them to remove any clues as to who might have been driving.
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dave58
post Tue, 31 Jan 2023 - 11:29
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Hi Nosy Parker, thank you very much for your kind reminding.
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Anxman
post Thu, 2 Feb 2023 - 13:27
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also received the same email from them that they will hold my case until they send me a response to my appeal. Dont do anything and just wait for their response in email. After 2 weeks of waiting got the email and I was excused as a registered keeper.
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dave58
post Fri, 3 Feb 2023 - 19:58
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still waiting for APCOA response to my challenge as a keeper, in the meantime, collecting the evidences for POPLA appealling if needed :lol, hope I won't.
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dave58
post Wed, 8 Feb 2023 - 14:32
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after 10 days waiting , today received the APCOA Standard Response Letter:

Thank you for your letter received on 27 January 2023 regarding the above Parking Charge Notice (PCN). Having considered the circumstances, we have cancelled the Parking Charge Notice on this occasion.

In your appeal you have explained that you are the registered keeper of the vehicle and declined the invitation to provide us with the full name and address of the driver. On this occasion, we will waiver this PCN as a goodwill gesture, but must inform you that the terms and conditions in this location advise the driver that they must pay for each visit to the site. Signage is displayed at the approach to this drop off area, along the location and upon exit, advising all motorists that a payment to use the drop off area is required to be made online or by phone. As stated above, the terms and conditions of using the drop-off zones are displayed by way of clear signage. It is the responsibility of the motorist to read and comply with the signage on site.

Please retain this letter as proof of cancellation, should you need it in the future.

Yours sincerely,

APCOA Customer Support Centre, APCOA Parking (UK) Ltd acting on behalf of Heathrow Airport Limited. APCOA
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DWMB2
post Wed, 8 Feb 2023 - 14:42
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"goodwill" laugh.gif

Good result!


--------------------
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dave58
post Wed, 8 Feb 2023 - 14:42
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Thank you all for your kind advice icon_king.gif jerk.gif
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Nosy Parker
post Wed, 8 Feb 2023 - 23:50
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Well done, dave58. Thanks for letting us know
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