RK received this PCN from NCP. Driver went up to the 2nd floor of Gatwick North Long Stay car park, briefly stopped before a small pedestrian crossing to pick up a passenger then left the car park.
NCP claim the breach was:
Parking on a pedestrian walkway or causing an obstruction to traffic flow, and liability for the same having been brought to the attention of the driver by clear signage in and around the car park
Regrettably I can't find signage for the car park on google maps. Please advise if this can be challenged. Cheers
You appeal only as the Keeper of the Vehicle. NCP have no idea who the driver is unless you blab it to them, intentionally or otherwise.
No adding or removing 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.
You appeal only as the Keeper of the Vehicle. NCP have no idea who the driver is unless you blab it to them, intentionally or otherwise.
No adding or removing 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.
Thanks for that. Just to be explicit, I'll select the appellant type as Vehicle's Keeper, fill in details for myself as the Keeper and copy paste the text above?
For the reasons it provides the following:
I'll select other and then enter the above. Hopefully that's right, didn't want to get any part of it wrong.
Yep, always select "Other"
You appeal only as the Keeper of the Vehicle. NCP have no idea who the driver is unless you blab it to them, intentionally or otherwise.
No adding or removing 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.
Excellent they cancelled it.
"Your appeal has been reviewed and has been considered in conjunction with the evidence gathered at the time of the contravention. Having considered the content of your letter this notice has been cancelled and no further action is required."
For future reference, the driver visits Gatwick a lot. Is there any limit to how often you can use this defence.
No limit. It's not a "defence". It's an appeal. As long as the drivers identity is not revealed, there is absolutely nothing they can do.
Winner x 1
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