Free Traffic Legal Advice

Hi everyone,

First time poster here. I have read the board rules and general advice for this forum section and will try to comply with all rules.

Let's say that a registered keeper of a vehicle had received a parking charge. The vehicle had been driven to Gatwick North drop-off but the drop-off charges were not paid. A few months later the keeper was going through a pile of letters and discovered a NtK, Final Demand, and a subsequent letter from a debt collection agency.

Various options occur to them: To write to NCP and say that they're happy to pay the original £60, or indeed the £100, but they will not pay any additional charges (debt agency is asking for the standard £70 extra) ... but then they think: Well, frankly it's ridiculous for Gatwick/NCP to charge for dropping off passengers, let alone the "parking charges"... and they've successfully argued against several parking charge demands before, and why should NCP get away with the ridiculous charges? ... So the keeper thinks they'd like to fight the PCN if possible.

Under the circumstances where they've missed the original NtK, and therefore missed the easy opportunity to appeal at that stage and point out that NCP can't use the PoFA because Gatwick is not relevant land (as I currently understand it from a look at these forums) ... and indeed they're now at the stage where NCP have passed it to a debt collection agency (who they are going to ignore) ... then what might be best course of action be?

At the moment the keeper has simply written to NCP at their registered business address, stating that they have only just become aware of the matter (when they discovered the letters), that they are the registered keeper, and that they want time to prepare a proper response and will reply properly within a week. (This is because they want to appear reasonable and acknowledge to NCP that they're now dealing with the matter).

I will upload letters from NCP to the keeper, when I can work out where best to host them.

Thanks!

Thank you, I have amended my original post to avoid ambiguity and hypotheticals.

As long as the Keeper declines to identify the driver, nothing will become of this. This will never reach a hearing as even if NCP try to issue a claim, they will not want get a spanking from a judge.

Ignore all debt collector letters. Come back if you receive a Letter of Claim (LoC).

They may try the old DCB Legal route which would result in a claim but it would be discontinued as long as the Keeper follows our advice.

Thankyou for your responses, they are much appreciated.

The keeper usually opens letters in a timely manner but fell behind for a variety of reasons. A mixture of yes, being on holiday, home reorganisation, family members "tidying things" including incoming letters, and honestly just feeling a bit exhausted and prioritising opening letters which seemed important. However they are now back on top of things and watching out for all new correspondence.

Links to NtK and Final Demand images attached, with anything that might uniquely identify the keeper blanked out:

https://vectoreyes.github.io/NTK.jpeg

https://vectoreyes.github.io/FinalReminder.jpeg

This should have been appealed at the time. It was very easily cancelled because NCP can only hold the driver liable. They have no idea who was driving and as the Keeper, you are under no legal obligation to tell them who was driving.

They would have had nowhere to go with this and even if they rejected the initial appeal, POPLA would have upheld it. However, the appeal deadline has passed and it is no longer possible to appeal, or at least they do not have to accept one.

I doubt they will go as far as issuing a claim, but even if they did, I don't understand why you are worrying? Nothing, zero, zilch, is going to affect your credit record if that is the reason you are anxious.

If you really feel the need to try and appeal, you could make a formal complaint to NCP and under the Single Code of Practice (SCoP) they are obliged to treat any complaint as an appeal anyway.

Send this as a complaint (not an appeal) if you think it would make you feel better:

Dear National Car Parks Ltd (NCP),

I am writing as the registered keeper of the vehicle referenced in PCN [insert reference number]. This email serves as a formal complaint regarding this Parking Charge Notice (PCN), which I recently discovered but, regrettably, too late to appeal within your stated deadlines.

Despite the elapsed appeal window, I must highlight that this PCN is fundamentally flawed and unenforceable for the following reasons:

Non-compliance with PoFA

NCP cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. Gatwick Airport, where this alleged incident occurred, is not 'relevant land' as defined by Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Therefore, NCP cannot use PoFA provisions to transfer liability from the driver to the registered keeper.

Contractual Limitations

As a matter of fact and law, Gatwick Airport falls under statutory control, and the landowner could have invoked Airport Bylaws to pursue liability against an owner or keeper. However, this has not occurred. Instead, NCP has chosen to pursue a 'parking charge' based on allegations of a breach of contract, enforceable only against the driver.

NCP is neither the airport owner nor authorised to issue penalties under bylaws, nor is this PCN claimed to be a penalty. As such, NCP’s pursuit of the registered keeper is baseless and cannot succeed under contract law.

Driver Liability Only

The registered keeper cannot be presumed or inferred to have been the driver. Additionally, the concept of 'implied agency' does not apply here. Liability for any alleged breach lies solely with the driver.

This would have been the content of my appeal, had I been made aware of the PCN earlier. Given that the land is not 'relevant land' and this PCN fails to meet the necessary legal conditions to transfer liability, I urge NCP to cancel this PCN immediately.

Please treat this formal complaint as my challenge to the PCN and respond accordingly. If NCP decides not to cancel the charge, I request a clear explanation of your legal basis for pursuing this matter, along with confirmation that the complaint will be escalated internally under your complaints procedure and referred to the BPA if necessary, in line with the requirements of the Single Code of Practice.

Yours faithfully,


[Your Full Name]
Registered Keeper
[Contact Details]