Free Traffic Legal Advice

Hi @DWMB2 and @b789

Someone driving my car forgot about the drop off charge...as I usually drive!!

Anyway PCN has come through. I can see from various threads that it can be appealed on basis he is the keeper and not willing to reveal name of driver etc.

You both provide a template and @DWMB2 says that both are 100% successful.

I have used the following and just want to check that's it's still relevant before I send off. I have not revealed driver, and have included email only for a reply, but not contact number.

I look forward to hearing from you
Many thanks



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,

You can word it how you like, as long as it points out to the operator that you, the known keeper, decline to identify the unknown driver. Only the unknown driver can be liable for the PCN because, as you both know, the airport is land under statutory control and keeper liability does not apply. The operator cannot infer or assume that the known keeper is the unknown driver. So, they should cancel the PCN or issue a POPLA code where they will be wasting their money on an assessment which will find in the keepers favour.

Don't try to overthink it, just do it and do not identify the driver, inadvertently or otherwise.

It's Catch-22 for the operator.

You've told them who is the driver in the first post!

Indeed, although as the OP hasn't shared the notice received, unless NCP are in possession of psychic powers, this isn't too concerning.

Although it is good to get into the habit of not identifying the driver when talking about the incident.

You've told them who is the driver in the first post!

sorted! thanks

Good result, thanks for the update.