Stopping on Gatwick Airport Red Route

DNBM

First post on here (unaware of your existence!) but sadly not the first recipient of a PCN.

The driver went to pick up a 5 yr old child and their mother from South Terminal railway access door - available to foot passengers as it leads to the bus stop. Having received the mother's call to collect the driver arrived, U-turned and stopped for max of 2 mins. The car engine remained running with the driver at the wheel throughout. Once 'in' the car drove off and joined the adjacent dual carriageway as the traffic flow required.

A PCN to Keeper has been received with the opportunity of a reduced fee [£60] v's £100 if paid within 28d.

Should this PCN be appealed since no signs were visible in the locality (that will be checked) and no facial identification has been provided for the driver. Is there any point in appealing this PCN or any likelihood of success in doing so?
(Image removed by Forum Team)

Coupon-mad

That has your name showing.

Easy peasy.  Read any other NCP thread.

A complete cinch to 100% guaranteed win as long as you appeal as keeper and DO NOT imply who was driving. 

No telling the story of what happened!

DNBM

Coupon-mad said:

That has your name showing.

Easy peasy.  Read any other NCP thread.

A complete cinch to 100% guaranteed win as long as you appeal as keeper and DO NOT imply who was driving. 

No telling the story of what happened!

any idea how i 'pull back' the page showing my name - I can replace it with another that is redacted 'properly'!

Fruitcake

Click on the report button underneath the post. You can then select, "Contains personal information" and add a comment in the text box.

I suggest you also redact all the parts about who did what.

Engine running and hazard lights on does not affect what actually happened. 

DNBM

Fruitcake said:

Click on the report button underneath the post. You can then select, "Contains personal information" and add a comment in the text box.

I suggest you also redact all the parts about who did what.

Engine running and hazard lights on does not affect what actually happened. 

That's really  helpful - thank you - I will try and do that now

nopcns

Please stop admitting who was driving. Hazard lights on or remaining in the car is not a defence against a charge like this. You appeal as the keeper of the vehicle  with the following:

Dear NCP,

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 Byelaws, 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 byelaws 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.

Yours faithfully,

DNBM

Well that certainly tells them what’s what..! Thank you VERY much indeed for your insight, knowledge and guidance.

DNBM

I would like to take the opportunity to inform you that I received, yesterday, an email from NCP advising me that the claim they had issued against the Keeper has now been cancelled. I am quite certain that without the help of  @Coupon-mad, @Fruitcake and @nopcns that would not have been possible so THANK YOU all - truly grateful and appreciated.

Coupon-mad

They didn't make a 'claim' but good to know it worked!  Easy when you know how.

  

DNBM

I don’t think I will ever truly know how……all seems very complicated for a simple soul such as I - I am even still confused how one works out who is and is not POPLA ‘registered/compliant’ and what that means and perhaps, more significantly, what it does not mean as to what they can/can not ‘do’. The explanation is, perhaps, buried deep within other posts/threads so I daresay I need to do some homework on that…

Coupon-mad

No worries - it'll be all change (for the better) later this year as the Government is regulating the rogue industry and POPLA and the IAS will be consigned to history. 

So will some of the PPCs if they breach the new statutory code of practice once too many.