APCOA PNC Unsuccessful appeal

[hatecookies]

I hope someone can help. I have appealed a PNC at Luton Airport for unattended vehicle base on the fact that the registered keeper cannot be held liable and that I am not required to provide them with the details of the driver:



*****I am the registered keeper of the vehicle. I note that this PCN has been issued while the vehicle was on land that is subject to byelaws. As such, I, the keeper, can not be held liable as POFA does not apply. Even if POFA was applicable then you PCN fails to confirm to the requirements to hold the keeper liable. I have, as requested, handed the PCN to the driver at the time and leave it to them to decide if they will contact you. I will not be identifying the driver, as I have no legal requirement to do so.
As I have no liability in this matter, I request that you remove my details from your records to avoid further distress. Please take this as a request under the DPA and confirm this has been done within 21 days, as required. Apart from this, I do not expect to hear from you again.*******

Their response:

******APCOA have not claimed to, and do not work, issue or seek payment under POFA as this land is covered by Bye-laws.
Luton Airport is a private property of London Luton Airport all the enforcement are carried out according to British parking
association (BPA) guidelines and APCOA being an approved operator of BPA is authorized to manage and enforce the
property on behalf of London Luton Airport. Any vehicles in contravention of the T&C of the Luton Airport are sent out to
DVLA for registered owner’s information under BPA guidelines.
Please note as the registered keeper of this vehicle, you are liable for this ticket, unless details of the driver are provided. ********


Is this true: you are liable for this ticket, unless details of the driver are provided?

[ostell]

Find and read the byelaws

[charitynjw]

If the parking co are not claiming via PoFA 2012, then their claim for alleged breach of contract is with the driver only.
Only via PoFA 2012 Schedule 4 can liability be passed to the registered keeper.


Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

[ostell]

As it is land subject to byelaws then POFA does not apply anyway so there can be no keeper liability, unless the byelaws specify otherwise, though doubtful. I would suggest writing back to them and asking them to clarify there statement about the keeper being liable, asking what is the basis of the statement.

[charitynjw]

& as previously posted, if the claim is via contract law (not PoFA 2012), the alleged contract is with the driver only, not the RK.

PoFA 2012 Schedule 4 is the only civil legal mechanism which allows transfer of liability.

Please note as the registered keeper of this vehicle, you are liable for this ticket, unless details of the driver are provided.********

Ask them to prove it!

[hatecookies]

As it is land subject to byelaws then POFA does not apply anyway so there can be no keeper liability, unless the byelaws specify otherwise, though doubtful. I would suggest writing back to them and asking them to clarify there statement about the keeper being liable, asking what is the basis of the statement.

Should I write to APCOA this letter before POPLA?

Dear APCOA Parking (UK) Ltd,

I am writing to you in regards to XXXXXX

Before I complain to the BPA, DVLA and my MP and then appeal to POPLA, can you prove your statement on the letter that rejected my appeal, please? This is an exact extract of your reply.

"Please note as the registered keeper of this vehicle, you are liable for this ticket, unless details of the driver are provided."

Or should I just start my POPLA appeal draft?

Thanks and I hope this can help others in my position.