Newcastle Airport filling station parking ticket

[joelocke]

Good evening everyone,

A friend of mine has received the attached parking ticket (see my post below) and was hoping for some advice.

The driver stopped in a designated bay in the petrol filing station in front of Newcastle airport. Now a PCN for £100 has been issued. The letter (attached in my post below) mentions a sign stating the T&C but she did not see this.

If anyone has any guidance on how to respond to this, I'd really appreciate the help.

Many thanks.

[joelocke]

Letter attached here

[des8]

That is an interesting PARKING CHARGE, where the transgression is not for PARKING inappropriately or for too long, but for "Dropping Off / Picking Up In A Restricted Area".
So it is not a charge for parking, but a penalty for doing what is forbidden, but they aren't even sure if it was a "drop off" or "pick up" or both!
"dropping off/picking up" is even generally allowed where there are yellow lines on public roads as it is not parking!

I am assuming there is nothing on page 2 of the parking charge detailing liability of the registered keeper for the charge
If that assumption is correct a good initial reaction to this "Parking Charge" would be a letter along the following lines:

Dear Sirs
I am in receipt of your Parking Charge ref number XXXXXXXXXXX dated 5th August 2025.
I am the registered keeper of the vehicle XX oo XXX

I am under no legal obligation to identify the driver and shall not be doing so.

I note you do not reference PoFA 2012, and so are not transferring liability for any unpaid charges from the driver to me the keeper.

I do not anticipate hearing from you further about this matter.
Yours etc.

Post the letter on Saturday 30th August.
Use first class post with a free certificate of posting from post office
That is important due to various time limits written into the act

If your friend hears anything before sending the letter, please let us know

[joelocke]

Thank you very much for this! Can I ask why so specific about when to post the letter? I am attaching page 2 here as there is some info about complaints and registered keeper info - would anything contained here change your advice? Many thanks in advance.

[des8]

The timing is important because the parking company must issue a Notice to Keeper (NTK) within 28 days of issuing the Parking Charge Notice (PCN) to the driver.
The NTK has to comply with certain conditions, (which the current PCN does not) if liability for the charge is to be transferred to the keeper
So one does not warn the parking company that they are on to a losing wicket until it is too late for them to send an NTK.

In this case additionally the land in question is not relevant land for the purposes of PoFA 2012 because being airport land it is subject to bye laws. As such keeper liability should not be invoked ..... but no need to mention that yet. Keep it for later when they reject the first letter!

Page 2 does not alter the situation

[joelocke]

Great - thanks a lot, Des8. I'll let you know how my friend gets on...

[joelocke]

Hi again, my friend has come back to me with 2 questions regarding the issue above:

1) might it be somewhat risky to send the letter after the 14 day discounted period, because in that case if they reject the appeal, they will ask for the full amount to be paid ?

2) the parking charge letter doesn't reference the 2012 legislation, but they do mention the Road Vehicles Regulations 2002 in relation to the registered keeper - any advice on this and what does this say about the liability of the keeper (even if they weren't driving the car at the time of alleged offence)?

Any further advice about these would be greatly appreciated. Many thanks...

[des8]

They can ask, demand or even throw their toys out of the pram, but the parking company should lose in court so why would one want to pay a discounted charge when they are due nothing?
But entirely up to your friend.

The 2012 legislation has nothing to do with liability to pay the charge. It just permits the parking company to obtain registered keeper details

[joelocke]

Hi again, my friend has received the following letter in response to our letter based on your helpful suggestions above. Any advice on how to respond to this would be greatly appreciated... Thank you in advance. Letter 8-9-2025.pdf

[des8]

So your friend could just write a letter in response:

In your letter of 8th Sept I note you comment "If you are unwilling/unable to name the driver, the liability remains with the registered keeper."

I would point out that that is not quite correct as liability for parking charges remain with the driver, but that liability may
(as long as certain provisions and conditions mandated in PoFA 2012 schedule 4 are complied with) be transferred from the driver to the keeper.
Now your Parking Charge notice did not invite that I, the registered Keeper, pay that charge as mandated by PoFA2012 sec 9 (2) (e)
Also of course the land in question is not relevant land for the purposes of PoFA 2012 because being airport land it is subject to bye laws.(PoFA2012 sec3 (10 (c)

As stated previously, I do not anticipate hearing from you further about this matter.

Yours etc


Being a parking company do not expect them to roll over.
They may even be foolish enough to take this as far as court, or discontinue at the last possible moment.