Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Bkkee on September 22, 2024, 10:14:05 pm

Title: Re: Gatwick drop off - NCP Parking Charge Notice to Hirer
Post by: DWMB2 on September 29, 2024, 04:44:25 pm
Good result - thanks for coming back to update us.
Title: Re: Gatwick drop off - NCP Parking Charge Notice to Hirer
Post by: Bkkee on September 29, 2024, 03:11:32 pm
The PCN has been cancelled. Thanks all for your help.
Title: Re: Gatwick drop off - NCP Parking Charge Notice to Hirer
Post by: Bkkee on September 24, 2024, 12:50:08 am
Thanks @DWMB2 and @b789. I’ve submitted appeal with NCP, will let you know of the outcome.

Best
Title: Re: Gatwick drop off - NCP Parking Charge Notice to Hirer
Post by: b789 on September 23, 2024, 02:51:01 pm
@DWMB2 Thanks for your time to reply to this. Do you suggest I leave other grounds if I have to appeal to POPLA?
It matters not whether you have "other" grounds. As long as the Keeper declines to identify the driver, NCP have nowhere to go with this. There is no Keeper liability for PCNs issued on land under statutory control and the only way that NCP would know the drivers identity is if the Keeper blabs it to them.

Just use the wording in the appeal suggested above.
Title: Re: Gatwick drop off - NCP Parking Charge Notice to Hirer
Post by: DWMB2 on September 22, 2024, 11:39:28 pm
No need for chapter and verse with this, once they realise they're onto a loser then based on past experience they'll cancel.

If for some reason they don't, we can throw the kitchen sink at it at POPLA, but the above has always worked previously.
Title: Re: Gatwick drop off - NCP Parking Charge Notice to Hirer
Post by: Bkkee on September 22, 2024, 11:31:04 pm
@DWMB2 Thanks for your time to reply to this. Do you suggest I leave other grounds if I have to appeal to POPLA?
Title: Re: Gatwick drop off - NCP Parking Charge Notice to Hirer
Post by: DWMB2 on September 22, 2024, 10:34:12 pm
Yes. There are multiple grounds on which to challenge this - the airport being subject to byelaws means that they cannot use Schedule 4 of the Protection of Freedoms Act to hold you liable as the hirer, and even if they could, as you rightly note they have not provided the requisite documents.

At this stage you could appeal as the hirer on the lines of the below:

As Gatwick Airport is subject to byelaws, it is subject to "statutory control", and as such, not relevant land. You could therefore appeal along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I am appealing as the hirer of the vehicle. There is no obligation for me to name the driver and I will not be doing so.

As the Gatwick Airport North Terminal Drop Off Zone is not "relevant land" as defined in Schedule 4 of the Protection of Freedoms Act you are unable to recover the charge from me, the hirer.

I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, make sure there are no drop down boxes etc. that force/trick you into revealing who was driving - you are appealing as the hirer, and saying nothing about who was driving.
Title: Gatwick drop off - NCP Parking Charge Notice to Hirer
Post by: Bkkee on September 22, 2024, 10:14:05 pm
Hi,

The below attached single page Parking Charge Notice To Hirer was received by the hire. Some expected documentation e.g. original PCN issued to registered keeper, hire agreement, liability notice etc. were all missing. Also checking the PCN number on their website it seems it was issued on 15/08/2024 while contravention event occurred on 30/06/2024. Are there sufficient grounds to appeal this PCN?

Many thanks in advance.

https://imgur.com/a/ZqkJvoR