Help with PCN

Ebonyspice

Hello Everyone,
I recently the receive this PCN on the10th June  below. Do you think it's worth appealing?
I don't understand why I am being fined. There was no time my car's engine was switched off. 

Gr1pr

There is no fine, just a parking charge notice due to the vehicle stopping on a red route at Gatwick , the engine running or not is irrelevant, the driver stopped in a place where stopping was prohibited, on a red route 

Read the other NCP Gatwick threads regarding the grounds for appeal by the keeper 

No blabbing about who was driving, the drivers details should remain anonymous 

Fruitcake

It is not a fine.

It is irrelevant whether the vehicle's engine is on or off, or whether the driver remained with the vehicle or not, however, stopping is not parking. 

The NTK is not PoFA compliant, the site is not relevant land, therefore the keeper cannot be held liable.

Plan A is always a complaint from the keeper to the landowner.

Plan B is for the keeper to appeal to NCP using the template in blue text from the sticky Announcement for NEWBIES. Send it unaltered save for a one liner stating that the NTK is not PoFA compliant, and since byelaws apply at the site it is not-relevant land therefore the keeper cannot be held liable, so NCP should cancel now to save themselves money.

Do not under any circumstances blab about the driver's identity.

Ebonyspice

Thank you both for your responses.

LDast

You haven't been fined. Show us where the word fine appears in the correspondence. You definitely do not pay it. Only low-hanging fruit on the gullible tree pay one of these NCP speculative invoices for an alleged breach of (no) contract.

Under no circumstances must the you, the known keeper reveal the identity of the unknown driver.

Simply appeal with the following:

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.

Do not tick or select anything that admits to being the driver. Use "other" or "I am the registered keeper" of you have to select anything on their website.

Coupon-mad

If a vehicle is stopped for a period of time (unless the occupants are merely loading, unloading or boarding/alighting a passenger) that's parked.

Having said that, these are impossible to lose on appeal as long as the keeper (not driver) appeals not saying who was driving.

Ebonyspice

LDast said:

You haven't been fined. Show us where the word fine appears in the correspondence. You definitely do not pay it. Only low-hanging fruit on the gullible tree pay one of these NCP speculative invoices for an alleged breach of (no) contract.

Under no circumstances must the you, the known keeper reveal the identity of the unknown driver.

Simply appeal with the following:

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.

Do not tick or select anything that admits to being the driver. Use "other" or "I am the registered keeper" of you have to select anything on their website.

Thank you so much for your help !