Am I right to challenge multiple penalties for Gatwick drop off?

AlkyMalky

I would appreciate any views and advice on my situation. On the 22nd May my vehicle was used by another person to drop off passengers at Gatwick South. At that time, I thought the car was registered for auto payment. I was surprised to receive a PCN dated 17th June (attached) saying the driver is liable to a charge of £100, or £60 if paid within 18 days. I checked my autopay registration and was taken aback to see that the details still contained a previous vehicle that was sold last year. I know I attempted to register the new vehicle, but I must have omitted to press the save button. I immediately registered the correct details for the new vehicle.

I appealed the PCN in the hope NCP would recognise that this was a genuine error on my part, but not surprisingly they have rejected the appeal as shown in the attached letter dated 4th July. I am now expected to pay £60 by the 22nd July or £100 by the 5th August. Alternatively, I can appeal to POPLA but I just don't know if my chances of winning make it worthwhile. To make matters worse, I have received another PCN dated 8th July (attached) for a subsequent drop off on the 7th June and know that there is one more in the pipeline for another drop off that occurred before I received the original PCN and amended the registration details. The second PCN requires £60 to be paid by the 26th July, but I will be appealing it today so the charge can be pushed back. Neither of the subsequent drop offs were made by me. 

I would be very grateful for any assistance as I am loathe to end up paying £180 for three drop offs that were entirely innocent, although I accept fault for not registering the new car correctly. If NCP had notified me earlier of the first instance I might then have been in time to register the correct details before the subsequent drop offs. Thank you.

Gr1pr

As long as the driver has not been revealed, there is no keeper liability at airports 

So any appeal by a non driving keeper to NCP or to Popla should be mainly based on no keeper liability, as seen in numerous threads about the same airport 

DE_612183

what did you say in your appeal?

did you give the drivers name?

Grizebeck

Appeal the other new ones using this appeal
So easy to win if done properly.

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw

LDast

You should have appealed with this for each PCN and it would have been cancelled. Only the driver is liable. The driver is unknown unless the known keeper blabs it, inadvertently or otherwise.

NCP cannot transfer liability from the unknown driver to the known keeper which is why the drivers identity should never be disclosed as there is no legal obligation on the keeper to do so.

If you, presumably the keeper, have not blabbed the identity of the driver then you should appeal to POPLA.

In future, if you get another PCN at Gatwick or any other airport or train station, just use the following "go get stuffed" protocol in your appeal as the keeper:

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.

You will use the same argument for your POPLA appeal, as long as you didn't blab the drivers identity.

AlkyMalky

Many thanks for your helpful input everyone. I feel confident in appealing now, particularly as I have not disclosed the driver details and know for sure that I was not in the vehicle.