3. Penalty charge notice Gatwick Airport drop off
« previous next »
Pages: [1] 2

Author Topic: Penalty charge notice Gatwick Airport drop off  (Read 2150 times)

0 Members and 1150 Guests are viewing this topic.

Penalty charge notice Gatwick Airport drop off
« on: »
Hi everyone
I received PCN on 29.10.24 for not paying drop-off at Gatwick Airport. Because I have autopay I challenge it and on 13.11.24 NCP send me letter that I can still pay £6 which I did same day to my autopay account and I received email confirmation that paying is successfully. I thought that this case is sorted but end of December I come back from holiday and I found final reminder for not paying my PCN £100. Now I have letter from Trace debt recovery to pay £170. 🙏 can anyone help me resolve this issue. Thank you in advance.
« Last Edit: February 06, 2025, 10:01:39 am by DWMB2 »
Logged

Share on Bluesky Share on Facebook

Re: Penalty charge notice Gatwick Airport drop off
« Reply #1 on: »
I have removed that attachment - you may want to hide your full name and home address before uploading it to a public forum.

Please show us the original parking charge notice, exactly what you submitted as your appeal, and their response.
Logged
Re: Penalty charge notice Gatwick Airport drop off
« Reply #2 on: »
I hope this is OK

[ Guests cannot view attachments ]
Logged
Re: Penalty charge notice Gatwick Airport drop off
« Reply #3 on: »
READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, 

https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

please post up you appeal as asked for.
use an external host such as imgur.com
Logged
Quote from: andy_foster
Mick, you are a very, very bad man
Re: Penalty charge notice Gatwick Airport drop off
« Reply #4 on: »
At any point did you blab that you were the driver? For future reference, never, ever, ever reveal the drivers identity. The only way the operator knows the drivers identity is if the Keeper (the recipient of the PCN) blabs it to them, inadvertently or otherwise.

There is no legal obligation on the Keeper to identify the driver to an unregulated private parking company. Because the location of the alleged contravention is on land that is under statutory control (airport byelaws) it is not relevant land for the purposes of PoFA and so there can be no Keeper liability.

All you had to do was appeal with the following and that would have been the end of the matter:

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.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Penalty charge notice Gatwick Airport drop off
« Reply #5 on: »
I will check later tonight and will send some more pictures. Thank you for your reply.
Logged
Re: Penalty charge notice Gatwick Airport drop off
« Reply #6 on: »
https://imgur.com/a/LJtDCJY
I have uploaded photos of the PCN as requested. Please let me know if you can see them properly.  Your help is highly appreciated.  Thanks a lot in advance.
Logged
Re: Penalty charge notice Gatwick Airport drop off
« Reply #7 on: »
Quote from: DWMB2 on February 06, 2025, 10:02:33 am
Please show us the original parking charge notice, exactly what you submitted as your appeal and their response.
Quote from: mickR link=topic=5002.msg56840#msg56840
please post up you appeal as asked
use an external host such as imgur.com
Logged
Quote from: andy_foster
Mick, you are a very, very bad man
Re: Penalty charge notice Gatwick Airport drop off
« Reply #8 on: »
https://imgur.com/a/HkC8z5o
Unfortunately I am unable to post what I wrote to them ad I have done it through their website form.  In brief I wrote them That I have autopay and Gatwick Airport supposed to withdraw the autopay charge as per direct debit agreement.
Logged
Re: Penalty charge notice Gatwick Airport drop off
« Reply #9 on: »
"I" as in responding as the keeper or "I" as in driver? eg I did this I did that ?
Logged
Quote from: andy_foster
Mick, you are a very, very bad man
Re: Penalty charge notice Gatwick Airport drop off
« Reply #10 on: »
"I" as autopay account holder.
Logged
Re: Penalty charge notice Gatwick Airport drop off
« Reply #11 on: »
so to confirm you didn't tell them who was driving?
Logged
Quote from: andy_foster
Mick, you are a very, very bad man
Re: Penalty charge notice Gatwick Airport drop off
« Reply #12 on: »
Yes
Logged
Re: Penalty charge notice Gatwick Airport drop off
« Reply #13 on: »
Too late to do anything about this now as the POPLA code has expired. You can make a formal complaint to NCP which basically tells them to consider the reply that was given in Arkell v Pressdram (1971) and see if they dare try to issue a claim.

NCP are known not to push back too seriously when an official complaint is sent, especially when they know they are on thin ice, as they would be with this PCN. No contract could have been formed with the driver as there has been no consideration period. So, even if the drivers identity has been blabbed or not, they would struggle under litigation.

So, if we work on the presumption, for now, that the drivers identity has is unknown to NCP, a formal complaint to NCP is the next step. However, I would like some reassurance from the OP that they are prepared to fight this all the way before any further effort is put in to the matter.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Penalty charge notice Gatwick Airport drop off
« Reply #14 on: »
Thank you for that. What should I do next please?
Logged
Pages: [1] 2
« previous next »
  3. Penalty charge notice Gatwick Airport drop off