Author Topic: Gatwick drop off PCN despite paid parking  (Read 203 times)

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rizlagunner

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Gatwick drop off PCN despite paid parking
« on: August 02, 2024, 02:57:29 pm »
Hi,

I have received a PCN for entering the Gatwick drop off lane. What actually happened was we entered the drop off, but changed mind and went around into the car parking instead, where we paid £10 for parking up to one hour. Attempting to charge me for a drop off at the same time as I paid for parking has surely got to be illegal. Can anyone advise on how to appeal this PCN? I don't have the parking ticket from the day, but I have my record of transactions and it should be easy enough for these guys to see by registration number.





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DWMB2

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Re: Gatwick drop off PCN despite paid parking
« Reply #1 on: August 02, 2024, 03:10:09 pm »
Attempting to charge me for a drop off at the same time as I paid for parking has surely got to be illegal.
It's not illegal to issue people with invoices, which is essentially what they have done here - whether or not the money is due is another matter.

The set-up at Gatwick is such that there is no mechanism for NCP to recover any charge that may be owed by the driver (who NCP do not know), from the keeper. Schedule 4 of the Protection of Freedoms Act (there's a link to it in my signature under this post) provides a mechanism for parking companies to recover charges from the registered keeper of a vehicle, if certain conditions are met. It states that they can only do this if the alleged parking event took place on "relevant land", which is defined in paragraph 3 as follows:

3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

(b)a parking place which is provided or controlled by a traffic authority;

(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

As Gatwick Airport is subject to byelaws, it is subject to "statutory control", and as such, not relevant land. You could therefore appeal along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I am appealing as the registered keeper of the vehicle. There is no obligation for me to name the driver and I will not be doing so. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act").

Even if you were seeking to do so, as the Gatwick Airport South Terminal Drop Off Zone is not "relevant land" as defined by The Act you are unable to recover the charge from me, the keeper.

I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, make sure there are no drop down boxes etc. that force/trick you into revealing who was driving - you are appealing as the keeper, and saying nothing about who was driving. If you are not the registered keeper of the vehicle, with the V5C in your possession, tell us, as the appeal will be different.
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Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

rizlagunner

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Re: Gatwick drop off PCN despite paid parking
« Reply #2 on: August 03, 2024, 01:13:19 am »
I am the registered keeper. Would this be enough to successfully appeal the penalty charge? Should I add the fact that I did, in fact, pay for parking?

b789

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Re: Gatwick drop off PCN despite paid parking
« Reply #3 on: August 03, 2024, 06:57:10 am »
The keeper is the person who received the PCN. As you are the keeper, you are appealing ONLY as the keeper. NCP have no idea who the driver is. Only the driver can be liable. The keeper is under no legal obligation to identify who the driver is.

NCP are an unregulated private parking company. The keeper has received a speculative invoice for an alleged breach of contract by the unknown driver.

There is no “penalty” or “fine” as no “offence” has been committed and NCP are not an “authority” of any kind.

You’ve been provided with a template appeal. Do not try to overthink this and do not add or subtract anything from it. Appeal only as the keeper and do not identify the driver, inadvertently or otherwise.

If he above is too difficult to understand, here is the same appeal worded a bit more bluntly and as with the version provided above by @DWMB2, it works every time:

Quote
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 Byelaws, 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 byelaws 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.
« Last Edit: August 03, 2024, 07:06:35 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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DWMB2

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Re: Gatwick drop off PCN despite paid parking
« Reply #4 on: August 03, 2024, 10:31:03 am »
As above, adding details about payment etc. is likely to add needless complexity to your arguments and, depending on how worded, risks accidentally revealing who was driving.

Either the appeal suggested by me, or the one by b789 above, can be used without alteration. They both have a 100% success rate at that location so far, to. My knowledge.
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Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice
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rizlagunner

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Re: Gatwick drop off PCN despite paid parking
« Reply #5 on: August 03, 2024, 11:11:25 am »
Thanks guys. Will let you know how it goes once I receive the response.

pvteyes

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Re: Gatwick drop off PCN despite paid parking
« Reply #6 on: January 10, 2025, 01:58:34 pm »
Just a note to say many thanks for this site and the advice for avoiding paying the fee for dropping off at Gatwick.

Driver forgot to pay the £6 after drop off at LGW on the 7/12/2024, only realising on the afternoon of the 10/12/2024. They immediately tried to pay on line but was told the Vehicle Reg Plate was not recognised. So, they tried the phone line and after 3 attempts it accepted payment of £6.

Lo-and-behold, on the 28/12/2024 we recieved the NtK.

We followed the advice here and copy and pasted the text provided by b789 and one week later we recieved the letter/email from NCP saying the notice had been cancelled, just like b789 has stated it would.

Our only regret we had paid some other notices for other car parks etc earlier in the Autumn and we wish we had searched out this site sooner – keep up the excellent work, we certainly are very grateful.
« Last Edit: January 10, 2025, 04:56:18 pm by pvteyes »