Parking Charge Notice (Gatwick Airport) issued after 75 days

[Akhan88]

Hi


Today I received PCN for alleged offence on 09/08/23, date issued 27/10/2023 clearly well after 14 days. Wants me to pay £15 within 14 days but I think I should appeal can I appeal this and I'm right to think I can use this defence ?


Regards

[des8]

Depends!

Most airport land is governed by bye laws

Presumably the driver's identity is unknown to the parking Company

If the alleged event took place on land governed by bye laws keeper liability cannot be enforced via Protection of Freedoms Act 2012

Perhaps you could post up a redacted copy of the PCN (remove identifying details but leave in all dates and times) and do not identify the driver

[Akhan88]

I hope it helps

[des8]

So basically you can tell NCP to throw their hook, and complain at the same time

Something along the lines of:

Dear Sirs,
I am in receipt of your NTK numberxxxxxxx

I note it states "the driver of the vehicle xxx is liable for a Parking Charge Notice" (sic).
As you do not know the identity of the driver you are attempting to pass liability for this charge on to me, the registered keeper.
To do this you have obtained my details from the DVLA,
I am under no obligation to identify the driver and do not intend to do so.
As the land in question is governed by byelaws it does not fall within the definition of relevant land as per the Protection of Freedoms Act 2012, and the provisions of that act cannot be used to transfer liability to me the keeper.
I note you do not quote that Act and there is no statutory provision by which keeper liability can be invoked

Accordingly I do not expect to hear further from you or any debt collectors you might instruct, except to confirm you are removing my details from your database

Yours etc