NCP PCNtoK "Parking on pedestrian walkway or causing an obstruction to traffic flow'

FedUp40

Hello,

I have read the newbie stuff but forgive me, am so anxious I'm not confident on what to do. You have shared so much knowledge and examples which is wonderful but I am still asking for guidance, apologies

The letter I have received states "The charge having been incurred due to the following breach of the car park terms and conditions of use: Parking on a pedestrian walkway or causing an obstruction to traffic flow, and liability for the same having been brought to the attention of the driver by clear signage in and around the car park..."

There are photographs of the car on 30/11/2023. The letter states Date of sending this Notice 17/04/2024. I have been away so only opened the letter yesterday.

I did not see any signs of the nature they talk about and am so frustrated as this is about something 4 months ago!

Should I write a letter of complaint to Gatwick? Should I appeal on the NCP website stating there was no clear signage and it was too long ago..?

Many thanks and kind regards.

Coupon-mad

Clearly you appeal saying it's a non-POFA Notice to Keeper, and you won't name the driver, so tell NCP to get lost.

See recent wording from @nopcns for that appeal. Dead easy as long as you DO NOT TICK NOR IMPLY WHO WAS DRIVING.

FedUp40

Thank you.

Do you think it is best done by post as nopncs has or online?

Gr1pr

Ideally online, as long as you do not reveal or imply who was driving, only appeal as keeper, avoid any traps that may try to indicate who was driving, if all else fails, or you are dubious about anything, use post, by going to the post office counter and getting a free certificate of posting, as proof of postage, but do not send it using signed for, or special delivery either, just first class post with the proof certificate receipt 

Coupon-mad

FedUp40 said:

Thank you.

Do you think it is best done by post as nopncs has or online?

@nopcns doesn't have a PCN and would not have said to post it.  He's a regular poster and experienced in advising newbies.

Also the NEWBIES thread tells you NOT TO POST an appeal.

nopcns

Sorry, been away. Just send the following to NCP using their website or as a PDF attachment to an email:

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.

FedUp40

Hi,
Just thought I would post these in case of interest. I can not spot mention of PoFA.
Thank you for your support, I will send an appeal this week and hope they leave me alone. Life is stressful enough without this.
Many thanks  

Coupon-mad

Clearly non-POFA.

I wonder if NCP were DVLA suspended from December for a few months?  Seem to have seen a lot of these.