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#Post#: 88324--------------------------------------------------
Stopping on a red route - Gatwick Airport Red Route
DIR By: NBSCMN
Date: September 4, 2025, 3:37 am
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Hello,
Recevieved this PNC from NCP, car is leased so this was sent to
the lease company before being forwarded to the keeper.
Is this appeal still valid?
HTML https://imgur.com/a/1rzD3Ih
Thanks
--- Quote ---
> I am writing to appeal the above-referenced parking charge
notice.
>
> The land in question, Gatwick Airport, is subject to byelaws
and as such it is not "relevant land" for the purpose of
Schedule 4 of the Protection of Freedoms Act 2012. Therefore,
there can be no keeper liability.
>
> As there is no keeper liability, I am not required to name the
driver at the time of the alleged contravention, and I will not
be doing so.
>
> I expect to hear from you with a confirmation that this charge
has been cancelled and that my details have been removed from
your records. If you believe this charge is enforceable, please
provide the specific legal basis for doing so, citing the
relevant legislation and demonstrating how it applies to this
specific location.
>
> I do not expect to hear from your debt collectors, or any
further action on this matter.
--- End Quote ---
#Post#: 88339--------------------------------------------------
Re: Stopping on a red route - Gatwick Airport Red Route
DIR By: jfollows
Date: September 4, 2025, 4:43 am
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No, you are not the registered keeper.
You need to tell your lease company to follow the instructions
to name you as hirer, and respond to the Notice to Hirer sent to
you in due course.
#Post#: 88342--------------------------------------------------
Re: Stopping on a red route - Gatwick Airport Red Route
DIR By: NBSCMN
Date: September 4, 2025, 4:47 am
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I see, so I need to get the hirer to contact the leasing company
and tell them to tell NCP to reissue the PCN in my name? As its
in the lease company name?
#Post#: 88345--------------------------------------------------
Re: Stopping on a red route - Gatwick Airport Red Route
DIR By: jfollows
Date: September 4, 2025, 4:54 am
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--- Quote from: NBSCMN link ---
>
> I see, so I need to get the hirer to contact the leasing
company and tell them to tell NCP to reissue the PCN in my name?
As its in the lease company name?
>
--- End Quote ---
As in the instructions on the back of the PCN.
#Post#: 88346--------------------------------------------------
Re: Stopping on a red route - Gatwick Airport Red Route
DIR By: NBSCMN
Date: September 4, 2025, 4:57 am
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Oh i see what you mean. in the letter that lease company sent,
it states:
--- Quote ---
> The purpose of this letter is to give you advance notice that
we have made a representation to the Parking Operator thus
allowing you time to review the details. The Parking Operator
should now re-issue the parking charge notice to you for payment
or appeal.
--- End Quote ---
so i just need to wait for the new letter to come in?
#Post#: 88349--------------------------------------------------
Re: Stopping on a red route - Gatwick Airport Red Route
DIR By: b789
Date: September 4, 2025, 5:08 am
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Make sure that your lease company has transferred liability to
you as the Hirer. They do this by complying with the
requirements of PoFA 2012 paragraph 13.
NCP have not detailed precisely what they must do as a
lease/hire company but once they comply with para 13 they are
absolved of any liability and NCP must issue a Notice to Hirer
(NtH) in your name.
When they have done that, you simply appeal with the following:
--- Quote ---
> I am the Hirer of the vehicle. NCP cannot hold a 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 Gatwick Airport
is not 'relevant land'.
>
> If Gatwick Airport wanted to hold owners or Keepers or Hirers
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 '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 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 ---
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