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#Post#: 75874--------------------------------------------------
Gatwick North Terminal Drop Off - 'No Payment'
DIR By: dmarsh91
Date: June 10, 2025, 1:18 pm
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Keeper received this letter stating no payment had been made for
using the drop off area at Gatwick. Driver missed the original
payment deadline however the payment was made on Friday 23rd May
over the phone.
What would be suggested for the next steps to take?
Many thanks
[attachment deleted by admin]
#Post#: 75878--------------------------------------------------
Re: Gatwick North Terminal Drop Off - 'No Payment'
DIR By: b789
Date: June 10, 2025, 1:33 pm
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You didn't have to make any payment if you'd only appealed with
the following, which you should do now anyway and that should be
the end of the matter:
--- Quote ---
> 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.
--- End Quote ---
There is no legal obligation on the known keeper (the recipient
of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
As the location is under statutory control, PoFA does not apply,
which means that if the unknown driver is not identified, they
cannot transfer liability for the charge from the unknown driver
to the known keeper.
#Post#: 75923--------------------------------------------------
Re: Gatwick North Terminal Drop Off - 'No Payment'
DIR By: dmarsh91
Date: June 10, 2025, 4:45 pm
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The payment was made long before receiving the notice. I believe
it was a case of the driver thinking 'better late than never',
as it was only a few days after they'd visited Gatwick.
Thanks for that, will get the appeal sent.
#Post#: 76947--------------------------------------------------
Re: Gatwick North Terminal Drop Off - 'No Payment'
DIR By: dmarsh91
Date: June 18, 2025, 1:34 am
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Quick response from NCP and a successful appeal. Many thanks.
Out of interest, does this apply to most airports or is Gatwick
a unique case?
[attachment deleted by admin]
#Post#: 76955--------------------------------------------------
Re: Gatwick North Terminal Drop Off - 'No Payment'
DIR By: DWMB2
Date: June 18, 2025, 3:35 am
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Pretty much all airports have byelaws, meaning the same argument
applies. The thing to check is the boundaries defined by said
byelaws, to see if a specific car park is within their boundary
(an off-site car park run by an airport, for example, may not
be).
#Post#: 76959--------------------------------------------------
Re: Gatwick North Terminal Drop Off - 'No Payment'
DIR By: b789
Date: June 18, 2025, 4:10 am
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It’s not limited to airports. The key point is whether the land
is under statutory control, such as byelaws. Land governed by
statutory control is not classified as ‘relevant land’ under the
Protection of Freedoms Act 2012 (PoFA), meaning the parking
operator cannot transfer liability to the keeper if the driver
is not identified. This principle applies to locations such as
airports, railway stations, ports, some local authority land,
and other areas covered by byelaws, traffic regulation orders
(TROs), or similar statutory instruments.
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