NCP Gatwick PCN

scoobymib3

Hi all,

After some advise please!

I travelled to Gatwick to drop off my wife on 20/09/2023 and totally forgot to pay the pick up/drop off fee. I realise my mistake pretty quickly, and also realised although I'd udpated my driving license address after a recent move I had forgotten about my V5 documents.

I phoned NCP on 24/9 and was told there was no fines against my registration but that it may take a few days to come through. I called again on 10/10 and was told the same thing, I even recorded part of this conversation with the advisor telling me there was nothing on record for it.

As my address wasnt updated I didnt recieve the PCN, I even stopped at my old house early November to see if anything had come through but nothing. 

Fast forward to last week and I receive a letter from BW Legal for £170. Being slightly naive I contacted them to state my case, that I had tried multiple times to pay the fine but was told each time there was nothing to pay. They basically told me there is nothing they can do, which in hindsight it totally unsurprising. Unfortunately in doing this I'm sure implied, or even stated, that I was the driver which makes the standard defense mute.



Last night I went back to my old address again and realised I did get sent a letter on 15/11 as seen below.





Not sure what my next move is here, I was contemplating calling NCP to state my case again but am glad I came here first!

Hoping someone can point me in the right direction

Appreciate any help

cheers
Martin

Johnersh

Simple. You refuse to pay. There's a lot on here for airport sites.

You have probably inadvertently admitted being the driver, which means they don't need to rely on POFA to bring a claim. Nevertheless you offered to pay in a timely fashion which appears to have been refused in preference to issuing a PCN. That represents a £100 levy for a failure to pay a £5 charge for 3 days (24hrs after visiting).

Note that the visit was not an overstay. There is no legitimate interest in charging at that level or to them refusing an offer of payment. That the PCN is so great means that it is capable of being a penalty and unenforceable (despite Beavis).

Be aware that they also offer a discount of £15 at this site when pushed. Noone pays full whack.

scoobymib3

My offer to pay was sadly outside of the initial 3 days, I phoned in order to pay the fine 4 days after the 'offence' and again 3 weeks later.

When I spoke to BW Legal they said that the PCN takes a while to be issued, hence why they claimed there was nothing on their system on 10/10. Now the £170 charge is with them, and I am know to be the driver, surely its enforceable by BW Legal if I simply refuse to pay?

Umkomaas

Wait for the Letter of Claim from BWL and go from there. Read the NEWBIES FAQ Announcement, second post, so you'll be ready to deal with it if/when it arrives.  You're not likely to see an airport drop off/pick up case get anywhere near a court hearing. 

Johnersh's advice is, as usual, spot on. He is a lawyer. 

scoobymib3

Thanks both.

I have yet to complain to Gatwick directly, or NCP. Based on the newbies thread is it still worth complaining to Gatwick directly as the landowner? or NCP to pay the initial reduced rate?

If not, I guess I wait for the Letter Of Claim and then use the template defined in that thread to respond to the solicitor directly

Coupon-mad

scoobymib3 said:

My offer to pay was sadly outside of the initial 3 days, I phoned in order to pay the fine 4 days after the 'offence' and again 3 weeks later.

When I spoke to BW Legal they said that the PCN takes a while to be issued, hence why they claimed there was nothing on their system on 10/10. Now the £170 charge is with them, and I am know to be the driver, surely its enforceable by BW Legal if I simply refuse to pay?

No. You can safely stop worrying.

You really need to read the second post of the NEWBIES thread.  No-one pays these.

You could get your MP to complain to the Airport and NCP about the trap they are operating (very poor signs, no barrier and no method of paying on site) all of which breaches the Consumer Rights Act 2015.

MP complaint might get you the £15 offered.

If not, you just (easily) defend the court claim using the Template Defence.  Simple. Not scary, No CCJ.  No risk. No high costs at stake and we win anyway.

Apart from getting help from YOUR constituency MP (not the Gatwick one) there is just one thing to do, and it certainly ain't paying a scam!

YOU MUST TELL BW AND NCP TO ERASE YOUR OLD ADDRESS FROM THEIR DATABASES IMMEDIATELY.

Obviously not by phone!  This is already explained in the NEWBIES thread 2nd post.

Johnersh

My offer to pay was sadly outside of the initial 3 days,

Just to be clear. The obligations is to pay £5. The secondary obligation is to do so within 24hrs. So I meant your offer to pay was c. 3 days late (so I think we agree on that, there or thereabouts).

The point is that you never refused to pay... They refused to take the money and provide no mechanism to pay on site (while you do remember) despite apparently permitting drivers to stay on site for 10 mins or more.  I'm usually through in about 2 mins!

...And now seek a disproportionate sum for a short delay and, worse, will claim interest. There is no overstay (which might've been detrimental) and no commercial interest that they have. Indeed, the full terms aren't on site at all.

Which is likely why a court would regard it as a penalty - and likely why they frequently offer £15 when pressed (which, for some forumites, also represents value because fighting these takes time). 

scoobymib3

Hi all,

Thank you so much for all your advice on this. I was willing to fight this all the way, but after a consistent complaint with Gatwick themselves they have cancelled the PCN and dismissed BW Legal.

Anyone with this same issue I'd advise to try to complain directly to Gatwick, they responded twice trying to direct me to NCP but when I continued to insist NCP are under their instruction they spoke directly to NCP to get this resolved.

Thanks again everyone, really appreciate your efforts on this forum!!

Coupon-mad

Great news!

PLAN A STRIKES AGAIN.