Free Traffic Legal Advice

Dear FTLA Team,

You previously helped me challenge a parking ticket, and I would like to ask for your advice before I decide whether to pay or appeal this new one.

I have received a PCN from NCP for Birmingham Airport Premium Set Down. The vehicle was recorded entering at 03:07:15 and exiting at 03:10:34, so the total time on site was only about 3 minutes and 19 seconds.

This was my first Uber trip to that part of Birmingham Airport. It was dark, there was no barrier, and I did not notice any clear payment signage or obvious payment point. I also did not receive the first PCN/Notice to Keeper, so this is the first time I became aware of it.

Before I pay £100 charge or contact NCP, please could you advise whether this is worth challenging, especially on the basis of the short stay, lack of clear signage, no barrier, and the fact that I did not receive the first notice?

Attachment Link:

Kind regards,
Thanks.

Thanks for your guidance.

Based on your advice, I have removed references to the driver, Uber trip, signage, barrier and grace period, and have drafted the appeal as registered keeper only.

Please see my draft below before I submit it to NCP:


Dear NCP,

PCN Reference: BIA101422853
Vehicle Registration: AK17EWS

I am the registered keeper of the vehicle and I dispute liability for this Parking Charge Notice.

I decline to identify the driver.

The alleged contravention occurred at Birmingham Airport Premium Set Down. Birmingham Airport is subject to airport byelaws and is therefore land under statutory control. As such, it is not “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012.

As the driver has not been identified, and as there is no lawful route to transfer liability to me as the registered keeper, NCP cannot hold me liable for this charge.

Please cancel the PCN.

If you refuse to cancel it, please issue a POPLA verification code and provide a full explanation of your legal basis for pursuing the registered keeper despite the land being subject to airport byelaws.

Yours faithfully,