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APCOA PCN Arrived Late: Does the 14-Day Rule Matter?
A late APCOA private parking notice may affect keeper liability if APCOA wants to rely on PoFA. Airport land can add another keeper liability issue.
What the 14-day rule is about
Where no windscreen ticket was issued, a private parking operator usually needs the notice to keeper to be delivered within 14 days of the parking event if it wants to rely on PoFA keeper liability.
The issue is delivery to the keeper, not only the issue date printed on the letter. If the notice was posted late or arrived after the 14-day period, that may be relevant to an appeal.
What lateness can do
A late notice usually affects keeper liability rather than every possible route to payment. If the driver has been named, the operator may try to pursue the driver instead. If the driver has not been named, lateness can be a stronger point for the registered keeper.
For this reason, appeal wording matters. A keeper appeal should not accidentally identify the driver while trying to explain what happened.
Why APCOA airport notices need extra care
APCOA often operates at airports, including drop-off and parking areas. Airport land may be subject to byelaws or statutory control, which can affect whether the land is relevant land for PoFA.
If the site is outside PoFA relevant land, APCOA may have difficulty transferring liability to the registered keeper. This is separate from the 14-day point, and the two arguments can support each other.
What to check before appealing
- The parking event date.
- The date printed on the APCOA notice.
- The date the notice actually arrived.
- Whether the notice says APCOA is relying on PoFA.
- Whether the land is airport land or another site subject to statutory control.