Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Firestone on September 02, 2025, 04:07:24 pm
-
It will be cancelled. However, should they try a phishing exercise by asking for the drivers detail before they can make a decision, simply respond with:
I decline to identify the driver. I refer you to the response given in Arkell v Pressdram (1971) (https://prunescape.fandom.com/wiki/The_Reply_Given_in_Arkell_v_Pressdram_(1971)).
-
Thank-you for this. We'll try and do this online which is what the PCN recommends.
-
Whilst you can do this for your busy sister, it cannot be done lon her behalf”. Just do it all in her name.
The above appeal wording will get this cancelled as long as the driver is not identified. Ther is no legal obligation on the Keeper to identify the driver to an unregulated private parking firm.
Make sure you do not select any options when using their appeal portal that admits the Keeper is also the driver. Only select options that the appellant is the keeper or “other”
-
Search the forum for
NCP Gatwick
https://www.ftla.uk/private-parking-tickets/ncp-pcn-parking-on-a-pedestrian-walkway-gatwick-airport-north-mscp/msg52918/#msg52918
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, NCP will be well aware that they cannot use the PoFA provisions because Gatwick Airport is not 'relevant land'.
If Gatwick 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 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. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
-
I am just writing this on behalf of my very busy sister who is not a member and doesn't know how to appeal and challenge these things.
She got a NCP automatic penalty just for going in the wrong place at Gatwick airport as a result of being lost whilst trying to leave. She had actually legitimately paid for parking elsewhere whilst she went away for a few days. She hadn't even stopped to drop someone off! Date, 17th August.
Some very kind advice sought as to how this can be defended. Very Unfair. They're private tickets?
Ticket image:
https://postimg.cc/RWJvQ2Xd