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#Post#: 88005--------------------------------------------------
Re: NCP Birmingham Airport drop off - Lease car
DIR By: Benj192
Date: September 1, 2025, 10:33 am
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Good Afternoon everyone, NCP have now issued the Parking Charge
to Hirer to my employer and it looks like I can appeal the
charge on their website as the keeper of the vehicle.
The letter states the below - Am I correct in thinking that this
means that they do not know who the driver was but as they only
'invite' the keeper to name the driver, they actually have no
legal route to compel us to name the driver - Making the charge
unenforceable?
--- Quote ---
> The driver of the above vehicle is liable for a Parking Charge
of £100. This charge relates
> to the period of parking specified in this document, the
charge having been incurred due to the
> following breach of the terms and conditions of use: No
Payment, and liability for the same having
> been brought to the attention of the driver by clear signage
in and around the site (Birmingham
> Airport Drop off). The breach was recorded by an approved ANPR
camera.
>
> Payment is now required to the sum of £100, which must be paid
no later than 28 days from the
> date this Parking Charge is given. However, if payment is
received within 14 days from the
> date this Parking Charge is given, then a reduced amount of
£60 will be accepted in full and
> final settlement.
>
> We, National Car Parks Limited, are the creditor. At the time
of this notice we do not know both
> the name of the driver and a current address for service for
the driver and invite the keeper / hirer:
> (i) to pay the unpaid Parking Charge; or
> (ii) if the keeper/hirer was not the driver of the vehicle, to
notify the creditor of the name and a
> current address for service for the driver and to pass the
notice on to the driver
--- End Quote ---
To appeal, I need to enter Appellant Details, where I can select
that I am the vehicle's keeper at the time that the
contravention occurred and then enter my name, address and
contact details. There is then a text box to enter an appeal.
Please can you help with what to write for the appeal?
Thank you in advance.
#Post#: 88007--------------------------------------------------
Re: NCP Birmingham Airport drop off - Lease car
DIR By: DWMB2
Date: September 1, 2025, 10:44 am
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Rather than summarising the content of the notice your company
has received, can you please show us the letter? Can you please
also confirm if any additional documents were sent to the
company alongside the notice?
There's a guide to uploading images here: READ THIS FIRST -
Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 88083--------------------------------------------------
Re: NCP Birmingham Airport drop off - Lease car
DIR By: b789
Date: September 2, 2025, 7:32 am
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Doesn’t matter if they included the required copies of the
additional documents, as the alleged contravention occurred on
non-relevant land and so PoFA cannot apply.
Simply appeal as the day to day Keeper with the following:
--- Quote ---
> I am the day to day keeper, authorised by the Hirer to appeal
this PCN. NCP cannot hold a registered keeper/day to day
keeper/hirer 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 Birmingham Airport is not 'relevant land'.
>
> If Birmingham 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/day to day keeper/hirer cannot be
presumed or inferred to have been the driver, nor pursued under
some twisted interpretation of the law of agency. Your NtH 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 ---
#Post#: 88084--------------------------------------------------
Re: NCP Birmingham Airport drop off - Lease car
DIR By: DWMB2
Date: September 2, 2025, 7:37 am
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--- Quote from: b789 link ---
>
> Doesn’t matter if they included the required copies of the
additional documents, as the alleged contravention occurred on
non-relevant land and so PoFA cannot apply.
>
--- End Quote ---
Quite right - brain fart, I'd completely missed that it's an
airport.
#Post#: 88205--------------------------------------------------
Re: NCP Birmingham Airport drop off - Lease car
DIR By: Benj192
Date: September 3, 2025, 4:30 am
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Thank you for your help B789 and DWMB2, I really appreciate it.
I have sent the appeal off, so lets see what their response is.
#Post#: 88399--------------------------------------------------
Re: NCP Birmingham Airport drop off - Lease car
DIR By: Benj192
Date: September 4, 2025, 9:05 am
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Just to let you know, NCP have replied to confirm that the
charge has been cancelled.
Appreciate your help in saving me £100!
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