Gatwick NCP

Tea_biscuits

Hi,

Received parking charge notice to keeper 13th June for an incident 4th May, am I right I can contest this due to the below?

I contest this and appeal this ‘parking charge’, on the grounds that you have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012; the issue date of your PCN was 30 days later than the day after which the specified period of parking ended, and not within 14 days as required in paragraph 9 of the aforementioned Act. Therefore, keeper liability does not apply. There will be no admissions as to who was driving, and no assumptions can be drawn. 

The driver who has not been identified I am sure got trapped in their system and drove out in under 4 minutes. 

Thanks in advance. 

HillStreetBlues

I've asking for the post to be moved to parking forum where you will get more help.

MSE_ForumTeam5

Moved as requested.

Le_Kirk

Just use the prewritten example in blue text in the NEWBIE sticky, adding the part about POFA but be very careful mentioning anything about the driver "got trapped in their system" whatever that means, as it might imply, if you knew about that, that you were driving.  You could of course have been a passenger or carried out some research after having received the PCN (eventually) by asking the driver.

Coupon-mad

You will win as long as you don't imply who was driving.

This one is impossible for NCP to win at POPLA against an appellant keeper.

Would have been impossible to hold a keeper liable, even if they'd sent the NTK in time.

B789

Tea_biscuits said:

Hi,

Received parking charge notice to keeper 13th June for an incident 4th May, am I right I can contest this due to the below?

I contest this and appeal this ‘parking charge’, on the grounds that you have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012; the issue date of your PCN was 30 days later than the day after which the specified period of parking ended, and not within 14 days as required in paragraph 9 of the aforementioned Act. Therefore, keeper liability does not apply. There will be no admissions as to who was driving, and no assumptions can be drawn. 

The driver who has not been identified I am sure got trapped in their system and drove out in under 4 minutes. 

Thanks in advance. 

They never relied on PoFA at all so the date is irrelevant. The whole point is that the PCN is issued to the RK but they are pursuing the driver. They don't know who the driver is and because the alleged contravention was not on relevant land, they cannot transfer liability to the RK.

If you just use the blue template appeal in the Newbies/FAQ thread, that should see it off or just simply write and literally say that you are responding as the RK and they should cancel the PCN and re-issue it to the driver, whoever that may be.

Tea_biscuits

Thanks all, notice has been cancelled, no further action. 

Coupon-mad

Great! Easy when you know how!

FrankCannon

@Coupon-mad : Are the BPA still investigating what NCP are doing at Gatwick under complaint BPA-032489 ? I went there last month and had to drive round twice as there were no spaces free the first time I went through the drop-off area. When I came to pay the fee online, there were 2 visits logged, but I only paid for the second one, so I am expecting to receive a PCN sooner or later. The signage is appalling although there are now white pound signs in red circles on the road, but I didn't see anything that could form a contract with the driver.

Coupon-mad

FrankCannon said:

@Coupon-mad : Are the BPA still investigating what NCP are doing at Gatwick under complaint BPA-032489 ? I went there last month and had to drive round twice as there were no spaces free the first time I went through the drop-off area. When I came to pay the fee online, there were 2 visits logged, but I only paid for the second one, so I am expecting to receive a PCN sooner or later. The signage is appalling although there are now white pound signs in red circles on the road, but I didn't see anything that could form a contract with the driver.

Nope they closed the complaint 'no breach of the CoP'. Quelle surprise.

However you know you can't lose as long as you don't say who was driving.