3. NCP Gatwick Parking Charge – Contravention: Stopping on a red route
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NCP Gatwick Parking Charge – Contravention: Stopping on a red route
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Hi everyone,

I’ve recently received a Parking Charge Notice from NCP Gatwick claiming I stopped on a red route. The notice includes images showing my vehicle in that spot, but it was sent to me around 50 days after the alleged incident.

For context, I’m a PCO driver and I regularly use that road to access the parking area. I genuinely don’t remember stopping where they claim, and the photos don’t show what was in front of the car—so I can’t tell if I stopped briefly or was just slowing down. The evidence seems quite limited.

I’m currently hiring this vehicle from a company and have been the sole driver for a long time, well before and after the date of the alleged incident—so if anything did happen, it would have been me driving. I’ve contacted the hire company, and they’re unsure whether they officially transferred the notice to me, as they don’t recall doing so and are currently checking their records.

Another point that may be relevant: I’m registered with Gatwick’s autopay system using my details and this vehicle’s registration. I’m wondering if, because of this, NCP may have bypassed the vehicle owner (the hire company) and sent the charge directly to me based on my account info—though I’m not entirely sure how that works. I'm in for it now as i am currently dealing with a different pcn and came across this forum.

This is my first time posting on a forum like this, so I’d really appreciate any help or advice on how to approach this or if it’s worth challenging.

I’ve attached the evidence they sent me below.
Thanks in advance for your help!

I'm in for it now as i am currently dealing with a different pcn and came across this forum.

https://imgur.com/a/UoC8H5T
« Last Edit: July 14, 2025, 02:42:49 pm by kragnar »
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #1 on: »
Please show us the notice you have received. Please also confirm if you are the Registered Keeper of the vehicle (with the V5C in your possession), or if the vehicle is on lease to you as the hirer.
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #2 on: »
I have updated my post with the additional information you requested. Let me know if you need anything further
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #3 on: »
Standard appeal for Gatwick, assuming the driver is not identified, is
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 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 need to modify your posts so that the driver is not identified.See the READ THIS FIRST linked from Reply #1 above.

However, you’re not the registered keeper, so you can’t respond exactly as above.

Taking the notice as a Notice to Hirer, as well as not being relevant land as above, if it were then it also fails the requirements of PoFA 2012 by not including specific documents required by law.

So many points to appeal on.
« Last Edit: July 14, 2025, 02:26:32 pm by jfollows »
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #4 on: »
Jfollows, he is not the registered keeper, so that appeal is not quite right.

Any references to the keeper should be changed to the hirer.
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #5 on: »
Quote from: DWMB2 on July 14, 2025, 02:33:27 pm
Jfollows, he is not the registered keeper, so that appeal is not quite right.

Any references to the keeper should be changed to the hirer.
Yes, thanks, I wasn’t clear enough.
Quote
I am the hirer of the vehicle. NCP cannot hold a registered keeper or hirer 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 hirer 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: July 14, 2025, 02:42:47 pm by jfollows »
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #6 on: »
Quote from: jfollows on July 14, 2025, 02:21:13 pm
Standard appeal for Gatwick, assuming the driver is not identified, is
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 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 need to modify your posts so that the driver is not identified.See the READ THIS FIRST linked from Reply #1 above.

However, you’re not the registered keeper, so you can’t respond exactly as above.

Taking the notice as a Notice to Hirer, as well as not being relevant land as above, if it were then it also fails the requirements of PoFA 2012 by not including specific documents required by law.

So many points to appeal on.

Thanks, I forgot that i needed to hide such details as it could lead to issues. I wanted to give as much details as possible and provided too much in my haste. I have amended and hidden any details per the forums standard. Let me know if there is anything else i need to do.
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #7 on: »
I’m currently hiring this vehicle from a company and have been *****for a long time,

An example of how you must amend your posts. Never admit to being the driver at this stage.

Anyway, at this stage the issue is procedural, so pl answer the questions.

What documents did you receive with the 'Parking charge to hirer'?

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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #8 on: »
Quote from: H C Andersen on July 14, 2025, 04:46:22 pm
I’m currently hiring this vehicle from a company and have been *****for a long time,

An example of how you must amend your posts. Never admit to being the driver at this stage.

Anyway, at this stage the issue is procedural, so pl answer the questions.

What documents did you receive with the 'Parking charge to hirer'?

No other Documents were sent to me other than the one page "Parking charge to hirer" with a back page on how i should appeal and what if i wasn't the driver. I will include a photo of the back page now with the other photos but other than that nothing else. I haven't appealed or done anything regarding the PCN as of now without final advice on how it is i should appeal and when.
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #9 on: »
Your first post still identifies the driver!
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #10 on: »
Quote from: jfollows on July 14, 2025, 05:16:44 pm
Your first post still identifies the driver!
Where ?. From re-reading it, the only thing i can see that could identify me as the driver would be the auto-pay system i mentioned but Having AutoPay set up in your name with Gatwick does not confirm you were the driver in a legal sense, unless you directly state it or respond in a way that implies it. Especially for the day in question.

I have also been in contact with the owners of the car and they haven't found a PCN that was sent to them so far. It currently seems like i am the only one who has received a PCN. I intend to wait for a week to see if anything extra turns up and i will keep the forum up-to dated on further developments
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #11 on: »
Quote
  I intend to wait for a week to see if anything extra turns up 
Why? If you send the appeal template that has already been provided, appealing as the hirer, the charge is likely to simply be cancelled. I can't see that anything would be gained by waiting for "anything extra" to turn up, nothing they could send will change the legal position.

Quote
I have also been in contact with the owners of the car and they haven't found a PCN that was sent to them
To have received a Notice to Hirer, it stands to reason that NCP first issued a notice to whoever the registered keeper is. That may not directly be the company you liase with regarding your lease. But this is largely immaterial.
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #12 on: »
Quote from: kragnar on July 14, 2025, 05:32:56 pm
Quote from: jfollows on July 14, 2025, 05:16:44 pm
Your first post still identifies the driver!
Where ?.
Your use of the word “I” gives it away, but if you don’t want to listen to advice, that’s your choice.
Remember, “I” is the hirer but not necessarily the driver.
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #13 on: »
Quote from: jfollows on July 14, 2025, 08:54:29 pm
Quote from: kragnar on July 14, 2025, 05:32:56 pm
Quote from: jfollows on July 14, 2025, 05:16:44 pm
Your first post still identifies the driver!
Where ?.
Your use of the word “I” gives it away, but if you don’t want to listen to advice, that’s your choice.
Remember, “I” is the hirer but not necessarily the driver.
I’m genuinely here to ask for help, not to argue. I’m just asking questions because I don’t fully understand — that’s the nature of asking. I haven’t written the appeal yet for that exact reason, and the point being used against me seems to come from how I worded things while trying to get help with the PCN.

I don’t yet know what arguments apply or what wording is right, which is why I ask and fill things in based on what I think I understand.

Even after some incredibly helpful people pointed me in the right direction and explained which arguments to use, I still don’t fully understand why those arguments work or what they really mean — which is why I’m taking the time to look into it and learn.

I’m not here to just copy and paste something blindly. I want to actually understand the proper way to handle these things.

To those replying to my post, I really ask for a bit of patience — this is all completely new to me. I’ve always relied on myself and basic reasoning when appealing PCNs, and even reaching out for help on this forum has been a bit overwhelming, as I’m not used to doing this.

To those genuinely trying to help, I’m truly grateful — whether the PCN gets cancelled or not. I just ask that it's not held against me when I’m confused or asking about something I don’t yet fully grasp.
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Re: NCP Gatwick Parking Charge – Contravention: Stopping on a red route
« Reply #14 on: »
So, in terms of why you can't be liable as the hirer... Private parking charges are based on contract law. The driver (allegedly) enters into a contract with the parking company whereby he agrees to abide with the conditions of the parking contract, as detailed on the relevant signage on the site, 'agreeing' to pay a parking charge of £100 if he does not. That contract exists between the driver and the parking company.

The parking company have no idea who the driver is, unless you tell them, which makes it rather hard for them to enforce against the driver.

There is a piece of legislation, Schedule 4 of the Protection of Freedoms Act 2012 ("PoFA"), which provides a mechanism for parking companies to hold the registered keeper, or the hirer of the vehicle, liable for a parking charge, in cases where they do not know who the driver is. However, there are a number of conditions set out in PoFA, and only if these conditions are met can a parking company hold the keeper/hirer liable. One of those conditions is that the place where the car was parked/stopped is "relevant land". PoFA defines relevant land as:
"(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.

The bit I have highlighted in bold is relevant here. Gatwick Airport is subject to byelaws, which govern all sorts of conduct within the airport land, including parking. This means the airport is not "relevant land" for the purposes of PoFA, meaning they cannot hold the keeper/hirer liable for any parking charges. They can only hold the driver liable, and unless you tell them, they don't know who the driver is!

It's a complicated sounding argument, but it's a well-trodden one, and the appeal suggested further up sets it out to NCP, who are well aware of it, and are likely to cancel.
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