Mid Term - vehicle parked in error in premium level

The case: there was a booking for midterm car park at Gatwick North but the vehicle was parked in error on level two which apparently is a priority area.

I have sent an appeal as registered keeper to Times parking and unfortunately referred to PoFA (The notice was sent well after 14 days) which I understand will not apply. In any case, I declined to disclose the driver.

In addition, Gatwick airport was contacted and they waived any additional fee. So, in the appeal I also mentioned that since the Landowner waived any additional fee, there is no longer a financial loss nor a breach nor an unpaid parking charge pending against the vehicle and therefore the charge should be cancelled. I raised this as a second point/ reason for cancelling the charge.

Do you think they will cancel? I am expecting they won’t.

If they don’t should I bother with the appeal to IAS? To me, the landowner cancelling the fee automatically requires deletion of the charge as there is no basis for it anymore in Contract Law. And in addition, there is the fact that they cannot go after the keeper, which of course they try anyhow. But I understand the IAS never finds in favour of the appellant.

What is the best course of action? Go to IAS anyhow, or not bother and just refuse to pay? And if I go to IAS, how should I structure the appeal?

Thank you

There are a number of posts on here about Gatwick airport, if you do a search.

Can you post up a copy of the PPN and your appeal, normally a simply appeal as this is not private land does the trick.

And if the original Notice to Keeper is dated too late to comply with PoFA 2012 and the driver has not been identified, then there is no legal basis for making the registered keeper liable. They may well dismiss an appeal based on “Eliott vs Loake” but that’s just nonsense and won’t stand up in court. You should always “bother” with an IAS appeal because it will cost the parking company something like £23 but - more importantly - if the case ever reaches court you can show that you properly engaged with the process. It’s unlikely that this will ever come to a court hearing, but you may have to defend a county court claim before it gets discontinued.