Hi all.
It's been quite a while since I visited; apologies.
We have received a NtK from NCP regarding an unpaid parking charge at Gatwick Airport. As i have not kept up with the machinations in the world of private parking since I retired, I am brushing up on the best way to deal with this.
In the past I would have stated: 1) Byelaws, therefore not relevant land under Sched 4 PoFA 2012; 2) Issued, NOT delivered, on the 14th day after the event, and out of time. 3) Please contact the driver who I am not required to name and will not without an order of the court.
Does all of this still apply?
Many thanks all.
Easy one to defeat... 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.
As PoFA does not apply this 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, 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.
It is as I suspected and I will proceed under the 'not relevant land' provisions.
Many thanks for your help.
Cancelled.
As expected, NCP collapsed immediately on seeing the 'not relevant land' argument.
Thank you again for the assistance.
Winner x 2
View List