LUTON AIRPORT Apcoa parking charge

[rks]

Recently on 31st may this year , I quickly dropped off my partners friend by roundabout , didnt think much of it , didnt see any signs of parking stopping fines , but 2 weeks later have received a letter saying that I breached terms and conditions of use together with photo and requesting a fine to be paid of £80 or if paid within 2 weeks a reduction of 40% of £48.
Its addresed to registered keeper , but on does have my name of letter , .
Is there anything i can do , seems very high a fine .
Thanks

[mystery1]

Re: LUTON AIRPORT Apcoa parking charge

The protection of freedoms act which brings keeper liability in to play or private parking matters says :-

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.



9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;






As we see a notice to keeper which must specify the relevant land is required for them to hold a keeper liable for a drivers actions. We also see that relevant land excludes land which is subject to statutory control.

Is the land covered by statutory control ? http://www.london-luton.co.uk/en/con...4/byelaws.html Yes it is.





So the driver can be chased but the keeper cannot (they will but they should never win)



Dear Sirs,

I, as registered keeper, wish to invoke your appeals procedure. The notice to keeper is invalid as there is no relevant land as defined in PoFA 2012 schedule 4 para 3. Para 9 requires specification of relevant land and as land under statutory control is specifically excluded please contact the driver.

The byelaws giving statutory control can be found at http://www.london-luton.co.uk/en/con...4/byelaws.html

Yours etc

M1

[rks]

Re: LUTON AIRPORT Apcoa parking charge

Hello Mystery thankyou for replying to my post .
Should I use the paragraph starting Dear Sirs ..........quoting that section ?
Should I be writing this to Apcoa in first instance ?
THe pcn was sent to me dated 11-06-15 I received on 15th June .
It shows photos of me stopped , cannot see the driver , they are asking for name of driver . Please advise if i should write that paragraph above to Apcoa or how I should word it , be very much appreciated .
Many thanks

[mystery1]

Re: LUTON AIRPORT Apcoa parking charge

Dear Sirs,


I, as registered keeper, wish to invoke your appeals procedure. The notice to keeper is invalid as there is no relevant land as defined in PoFA 2012 schedule 4 para 3. Para 9 requires specification of relevant land and as land under statutory control is specifically excluded as relevant land. Please contact the driver.


The byelaws giving statutory control can be found at http://www.london-luton.co.uk/en/con...4/byelaws.html


Yours etc

Send that to Apcoa.

M1

[rks]

Re: LUTON AIRPORT Apcoa parking charge

please see Actual pcn thanks .

[rks]

Re: LUTON AIRPORT Apcoa parking charge

Ok thanks Mystery , and in the letter they sent see above they are asking who the driver was ?

[mystery1]

Re: LUTON AIRPORT Apcoa parking charge

Well that also fails to meet the notice to keeper rules but since PoFA excludes the land as relevant land that's just another failure of an already dead duck. Email the letter as advised.

M1

[rks]

Re: LUTON AIRPORT Apcoa parking charge

Ok many thanks .

[hoarsehorse]

Re: LUTON AIRPORT Apcoa parking charge

Is this information still applicable please? I have a similar notice and would like to challenge it if possible.
Many thanks.

[mystery1]

Re: LUTON AIRPORT Apcoa parking charge

I'd say so.

M1

[hubka22]

Re: LUTON AIRPORT Apcoa parking charge

Hi Mystery,
I received a letter from Apcoa about my trip to the airport to relieve my friends, [I[IMG]DSC_0014.JPG[/IMG]MG]DSC_0015.JPG[/IMG]
and
because it was traffic I decided to blow them up before, I stopped at this place for 12 sec.[IMG]mandat_luton.png[/IMG].I would like to write an appeal but I do not know if I can call it land which is subject to statutory control??? What you think about it??? Thanks for your reply.

[ostell]

Re: LUTON AIRPORT Apcoa parking charge

Suggest you start you own thread so that matters do not get mixed up and incorrect advice given in error. Your pictures don't show.