Gatwick Airport Drop Off PCN Company Car

FrisbeeGuy7

Hello.

Got a Parking Charge Notice to Keeper after my wife dropped off at Gatwick airport. She forgot about the charge there. Notice was served 13 days after the offence which is within the 14 day window for a non windscreen ticket (think this is right).

She was there less than three minutes. We do always pay the charge so hoped for a chance to pay a sensible fee but no go. £100 reduced to £60. I thought she had paid it but as it is my own company car she left it to me. So now looking at it. £60 offer was issued 19 days ago. So I have 9 more days. I know it says to go to the airport but I read elsehwere that Gatwick push people to the PCN company. 

Should I go back with the Edna template below? Sorry to start a new thread on this but because it relates to a company car and not a leasing situation I wanted to check this is all still apllicable. I am also a bit unsure about the "Strict requiremnts of Schedule 4 of POFA" and if perhaps they have adhered to these. Happy to post my PCN if that helps. As ever, thank you for the advice! 

"Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by NCP as a Parking Charge Notice to Keeper. I confirm that as the owner of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why NCP’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that NCP has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

......."

LDast

Does it say in the 'Official Register of Owners' that you are the "owner"? 

Just send the following without wittering on about "owners":

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 Bylaws, 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 bylaws 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.

If you are not the Registered Keeper, then change it to NtH and 'Hirer'.

Coupon-mad

As above. It'll work.

Did you miss finding the Gatwick / Heathrow drop off group thread when you searched the forum for cases like this?

Impossible to lose these appeals, look:

https://forums.moneysavingexpert.com/discussion/6581668/london-luton-airport-apcoa

That includes a link to the Gatwick Drop Off 'group thread' too but you don't need to delve deeply. So easy to win.

FrisbeeGuy7

Hi @Coupon-mad , 

Ah thanks for that. I searched for "airport drop off parking PCN" and "Gatwick drop off parking PCN" but did not see that thread. Sorry. Did spend a bit of time looking and trying to avoid posting. Have taken the template from @troublemaker22 and sent it in. 

Thanks a lot to you all. 

Will report back on here and the other thread once I get a response. 

FrisbeeGuy7

"Thank you for taking the time to contact us in regards to this notice. Based on the information provided, this notice has been cancelled and no further action is required."

Will take the wife out for some dinner with the £60 you just saved us. Thank you very much everyone! 

Coupon-mad

Yay! Easy when you know how.

MaxHeywood

Used the template and Moorside Legal have come back with the below - any suggestions on how to handle?

This Parking Charge Notice relates to a contravention at Gatwick Airport North Terminal Drop Off Gatwick RH60NP for "No payment" on 19/05/2024.

The terms and conditions were clearly displayed in and around our client's private premises. When remaining on the premises, all motorists must choose to abide by them. However, on this occasion you failed to do so.

All motorists are given 28 days from the date the PCN was initially issued, to transfer the liability of this PCN. 

You failed to nominate a driver within this time, so as the registered keeper of the vehicle, the liability of this PCN now lies with yourself.

Please note that we will not be addressing any further correspondence related to disputes of the same nature, as we have already provided you with a response. However, should you wish to raise a new dispute, we will investigate the matter further and respond accordingly.

 

If you fail to make full payment or set up a payment plan, we may be instructed to issue a County Court Claim against you.  

Coupon-mad

You can't use an appeal template at LBC stage. Wrong thing to have sent. You are not at PCN first appeal stage.

Your stage is in the second post of the NEWBIES thread. Obviously you WANT the claim because this will be the end game!

You failed to nominate a driver within this time, so as the registered keeper of the vehicle, the liability of this PCN now lies with yourself.

Hmmm ..you could have some fun with responding to that lie. Start a new thread of your own and show a picture of that letter - in your new thread, not here - and we'll tell you how (please don't pm me as I never read them).