Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Mfs93 on April 25, 2025, 04:10:09 am
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Choices... pay £20 and feed the scam or pay £0 because they know they cannot win this without knowing the drivers identity.
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Hi, thank you for your advice.
They have come back to me with this. I have attached with this reply.
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Sorry...exactly the same applies at Gatwick:
(https://i.imgur.com/mk2cA2r.jpeg)
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Gatwick, I think.
But the same appeal with appropriate changes still applies.
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Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
Southgate Park is within the Stansted Airport boundary and as such, it is not relevant and for the purposes of PoFA 2012, which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the registered keeper. NCP cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, MET will be well aware that they cannot use the PoFA provisions because Stansted Airport is not 'relevant land' and Southgate Park is within the airport boundary.
If Stansted Airport wanted to hold owners or keepers liable under Airport Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because MET is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for MET's own profit (as opposed to a bylaws penalty that goes to the public purse) and MET has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. MET have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
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On 07 April, driver entered the McDonald's car park with the ticket. Ordered their food via the app (proof saved), upon collecting the food from inside the establishment they validated the parking ticket.
To leave the McDonald's gatwick car park, the driver inserted the validated ticket, the barrier lifted and the driver left. This is all seen in the photographic evidence the MET parking services has attached to the PCN.
Now the driver does not have the parking ticket and there is no way of proving from McDonald's that the ticket was validated. However, the barrier of the parking lot cannot open without the validated ticket.
Please advise on how to appeal this.
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