Doesn’t matter if they included the required copies of the additional documents, as the alleged contravention occurred on non-relevant land and so PoFA cannot apply.Quite right - brain fart, I'd completely missed that it's an airport.
I am the day to day keeper, authorised by the Hirer to appeal this PCN. NCP cannot hold a registered keeper/day to day keeper/hirer liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, NCP will be well aware that they cannot use the PoFA provisions because Birmingham Airport is not 'relevant land'.
If Birmingham 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 NCP is not the Airport owner and your 'parking charge' is not and never attempts to be a penalty. It is created for NCP’s own profit (as opposed to a bylaws penalty that goes to the public purse) and NCP has relied on contract law allegations of breach against the driver only.
The registered keeper/day to day keeper/hirer cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtH can only hold the driver liable. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
The driver of the above vehicle is liable for a Parking Charge of £100. This charge relates
to the period of parking specified in this document, the charge having been incurred due to the
following breach of the terms and conditions of use: No Payment, and liability for the same having
been brought to the attention of the driver by clear signage in and around the site (Birmingham
Airport Drop off). The breach was recorded by an approved ANPR camera.
Payment is now required to the sum of £100, which must be paid no later than 28 days from the
date this Parking Charge is given. However, if payment is received within 14 days from the
date this Parking Charge is given, then a reduced amount of £60 will be accepted in full and
final settlement.
We, National Car Parks Limited, are the creditor. At the time of this notice we do not know both
the name of the driver and a current address for service for the driver and invite the keeper / hirer:
(i) to pay the unpaid Parking Charge; or
(ii) if the keeper/hirer was not the driver of the vehicle, to notify the creditor of the name and a
current address for service for the driver and to pass the notice on to the driver
[Company Letterhead]
[Company Name]
[Company Address]
[Company Registration Number]
[Date]
To Whom It May Concern,
Re: Authority to Act – Parking Charge Notice [Insert PCN Reference]
Vehicle Registration: [Insert VRM]
We confirm that [Employee Full Name], residing at [Employee Address], is the authorised day-to-day keeper of the above vehicle, which is leased by [Company Name] from [Lease Company Name].
The vehicle is assigned to the employee for both business and personal use and remains in their possession at all times. As the Hirer, we hereby authorise [Employee Full Name] to act on behalf of [Company Name] in all matters relating to the above Parking Charge Notice, including but not limited to:
- Corresponding with the issuing parking operator
- Submitting appeals or representations
- Receiving and responding to further communications regarding this matter
This authority is granted solely for the purpose of resolving the above Parking Charge Notice and remains valid until the matter is concluded or revoked in writing.
Signed,
[Authorised Signatory Name]
[Position]
[Company Name]
[Email Address]
[Phone Number]
[Signature]
Out of interest, is anyone else permitted to drive the car you have been issued? For example, are you allowed to use it for non work purposes on days off? If so, can your partner or other member of your family drive the vehicle?
I ask because you MUST avoid your employer stating that you were the driver? Unless you are the exclusive driver of the vehicle, there could be a problem in what is otherwise a very easy PCN to get cancelled.
No one but you know who was the driver on the day. The lease company certainly don't know and the Hirer (your employer) won't know, unless you are the sole permitted driver.
Is the vehicle subsequently leased to you by your employer (like a salary sacrifice, or employment benefit etc.)? If so, the process should be roughly:
- The lease company should name your employer as the hirer of the vehicle. At this point, they will receive a notice addressed to them.
- Your employer can appeal directly (we can advise) or they then name you as the person hiring the vehicle from them, and you can appeal