Free Traffic Legal Advice

Dear Sir/Madam,

I am writing to submit a formal complaint under Section 11.2 of the Private Parking Sector Code of Practice (PPSCoP), which must also be treated as an appeal against the validity of the Parking Charge Notice (PCN) issued by NCP in relation to Birmingham Airport.

I did not receive the original Notice to Keeper (NtK) as my DVLA keeper details had not yet been updated at the time. However, PPSCoP Clause 11.2 is clear:

"Where a parking operator receives a complaint that it considers to be or include an appeal against the validity of a parking charge, the parking operator must also treat it as an appeal for the purposes of applying the timescales in Clause 8.4..."

This complaint is therefore to be treated as an appeal unless and until it is clear that it is not relevant to the PCN.

No Keeper Liability – Land Not “Relevant” Under PoFA

I am the registered keeper of the vehicle. NCP cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. Birmingham Airport is not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), and NCP is fully aware of this legal limitation.

If Birmingham Airport wished to enforce parking under its own bylaws, that would be a matter for the landowner. However, NCP is not the landowner.

The PCN does not purport to be a penalty under bylaws. The charge is clearly a contractual claim for NCP’s own profit, not a statutory fine.

The registered keeper cannot be presumed or inferred to have been the driver. There is no legal basis for NCP to pursue the keeper under a distorted interpretation of agency law. Your NtK can only hold the driver liable, and in the absence of driver identification, you have no lawful basis to pursue the keeper.

This complaint is submitted in writing and must be treated as an appeal under PPSCoP 11.2. The PCN is unenforceable against the Keeper due to the land being under statutory control. There is no admission as to the identity of the driver.

You are urged to cancel this PCN to avoid further wasted time and resources. Should you choose not to cancel, I require a full response addressing each of the points raised above, including:

• Confirmation of the date the NtK was actually posted (not just generated).
• Clarification of the legal basis on which you believe keeper liability applies.
• A copy of your contract with the landowner authorising enforcement at Birmingham Airport.

Yours faithfully,

[Your Full Name]
[Your Postal Address]
[Your Email Address]
[Date]

As for the DRN to NCP DPO to update details, is it still worth doing it at this current stage? Is there anything specific I need to be including in that mail, or anything I should avoid saying?

As they hold an incorrect address for you, you MUST send a data rectification notice (DRN) to NCP DPO, instructing them to update your details with your current address for service and to erase your old address. The highlighted words are there for a reason, so use them.