Apcoa Parking Charge at Stansted - forgot to pay and appealed unsuccessfully

[JuliApe]

I was travelling with my parents. My son collected us from the express drop off/set down section. My father is 92 and disabled (and has a blue badge). My mother had developed a hip problem and was in a lot of pain.

As if this wasn’t enough, on our return journey, my car developed a fault and broke down. We were rescued by the RAC, who subsequently identified and fixed the fault some two weeks later (that’s another story!)

As I am sure you can imagine, this was a very stressful journey and as a consequence, paying the parking charge at Stansted Airport slipped my mind. This was a genuine error and when I remembered a few days later and telephoned Apcoa in good faith I was told I was too late to pay despite my very obvious mitigating circumstances, which I explained.

I subsequently received the parking notice, which I appealed, explaining the circumstances. I am pretty sure I said I was the keeper, not the driver but can't be 100% certain. I sent accompanying evidence. However, I have now been notified that my appeal was unsuccessful.

Firstly, it is not even clear from the letter whether my appeal submission had been read! There is simply reference to the clear signage at the airport, which I acknowledge exists. However, I supplied evidence to support my appeal (blue badge and breakdown notice from RAC), but this has clearly not been taken into consideration.

So do I ignore this...? I've read elsewhere this is the way to go.

TIA

[des8]

Do not ignore ... that is a sure way of obtaining a default judgment against yourself

Could you please post up a copy of the Charge Notice and the response to your appeal (first remove your name & address, VRN and charge notice reference number, but leave in all dates & times & location details)

[JuliApe]

Thank you so much for responding. I attach the first parking charge together with the notice advising me the appeal was unsuccessful. I do not have the text of my appeal but it was pretty much what I said in the post. I think I clicked that I was the keeper of the vehicle. I probably acknowledged that my son was driving, but did not name him.

Interestingly, this is the text of a response I got from another forum which is where I got the idea of ignoring it.

"It's airport land as such covered by Byelaws some two bit parking operator is trying it on by issuing a parking charge under contract law which doesn't apply on not relevant land.
Ignore APCOA nothing will happen, you don't have a "debt" and DRP can only send scrap paper with red coloured ink on it nothing to worry about."

Any advice will be much appreciated, and if necessary I will suck up and pay! TIA

[des8]

The advice given from the other forum is basically correct, but there can be pitfalls.

Parking companies rarely accept victims' appeal as valid as that would not generate an income.
Debt collectors have no power at all so can be ignored
However the matter will often then be turned over to solicitors who will issue a "letter of Claim"
Ignoring such a letter could have costs consequences if they continue and initiate a court claim

Then if you happen to miss a court deadline (accidents do happen!) you could find yourself with a default judgment to deal with.

In your case I agree that as the land is not relevant land (in the words of the Protection of Freedoms Act 2012 [POFA]) you have a cast iron defence.
If you ignore matters you will be bombarded by letters. possibly/probably ending with a letter of claim.

I would take the opportunity of appealing to POPLA, mainly on the basis that the land is not relevant so liability for unpaid charges cannot be transferred to the keeper from the driver as per POFA.
A win at POPLA should stop the stream of begging letters

If you do appeal, do not identify the driver

[JuliApe]

Thank you so much for the comprehensive reply. Now I understand it all a bit better. What a time consuming mistake I made! Thanks again.

[des8]

Your welcome
If you want more assistance just post up on this thread

[JuliApe]

Just wondering would I just appeal on the basis of not relevant land, or should I also include reference to the mitigating circumstances (particularly the car fault)?

[PallasAthena]

I wouldn't bother with the mitigating circumstances because it gives POPLA the chance to avoid the main point of your appeal and waffle on irrelevantly about your 'mitigation'.

Keep tightly focussed on the relevant land issue and give it full supporting legal detail. Post up a draft here (without personal identifiers) and we can comment. Watch the timescales for getting your appeal in. Miss it by 5 minutes and they will reject it out of hand!

TBH your mitigating circumstances aren't very strong anyway. If life being stressful were a valid mitigating circumstance courts would never find anyone liable for anything!

[des8]

As PallasAthena concentrate on the legal points.

You have only posted up page 1 of the parking charge notice.
If you can post up the rest of the notice we may be able to show other fatal errors they have made.