PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

NCP notice to keeper no PCN on windscreen
EbenEben
post Thu, 28 Mar 2019 - 20:54
Post #1


New Member


Group: Members
Posts: 5
Joined: 28 Mar 2019
Member No.: 103,163



Hi

Looking for a little help in appealing a NCP Notice to Keeper.

The vehicle was parked in a multi-story car park in Gloucester. The passengers left the car park without purchasing a ticket failing to notice it was pay and display.
On returning to the car park and realising their mistake a ticket was purchased for the maximum time period allowed which was £4 for 24 hours.The passengers went straight back to the vehicle and left the car park, there was no PCN on the vehicle. The passengers still have the purchased ticket.

A parking charge NTK was posted by NCP 33 days later for "parked without displaying the required pay and display ticket and no other cashless payments detected" stating that a PCN was attached to the vehicle - as before this is untrue.
It also gives the time of issue as 14 minutes after the passengers had actually bought their ticket which at that time they would all have been in the vehicle leaving the car park, so impossible for a PCN to be attached to the vehicle.

The NTK states the non-existent PCN offered the passengers 28 days to pay the parking charge of £100 and now offers the 3 options, pay up, name driver or make representation to challenge the PCN.

It's also interesting as there are no details on www.ncp.co.uk/pcn, saying the PCN cannot be found. The page only has the vehicle registration and PCN number, no details are under date, time, make, colour, was seen in, and contravention. And the only option is payment, there's no appeal button.

A letter is being written to NCP pushing the fact no PCN was attached to the vehicle as they implied. Should the fact no evidence is available on the NCP website be highlighted to NCP at this point or perhaps at a later stage. The overall feeling is to try a POPLA appeal, though the NTK doesn't give this option.

Thanks in advance
Eben Eben
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Thu, 28 Mar 2019 - 20:54
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Thu, 28 Mar 2019 - 21:23
Post #2


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



You have to appeal to the operator first. Upon rejection they issue a POPLA Code.

Does the NtK make any reference to keeper liability or Protection of Freedoms Act?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
EbenEben
post Thu, 28 Mar 2019 - 23:05
Post #3


New Member


Group: Members
Posts: 5
Joined: 28 Mar 2019
Member No.: 103,163



Thank you

There's no mention of the POFA at all on the NTK. They state the non-existant PCN attached to the vehicle offered the driver 28 days to pay the £100 parking charge and that they understand the keeper to be the driver.

They offer another period of 28 days from the date the NTK was given with 3 options. Pay the outstanding amount, that's if the keeper was the driver. Provide the drivers full details to have the notice served to them - alternatively pass the NTK to the driver. And finally make representations to challenge the PCN issue.

So strictly they don't put liability onto the keeper but also choose to ignore POFA regarding the timeframe in issuing the NTK as they maintain incorrectly that a PCN was attached to the vehicle.
Go to the top of the page
 
+Quote Post
ostell
post Fri, 29 Mar 2019 - 10:08
Post #4


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



So post up a redacted copy of the PCN so that others with more experience can look at it. Front and back
Go to the top of the page
 
+Quote Post
EbenEben
post Fri, 29 Mar 2019 - 13:47
Post #5


New Member


Group: Members
Posts: 5
Joined: 28 Mar 2019
Member No.: 103,163



Front of NTK


Rear of NTK
Go to the top of the page
 
+Quote Post
ostell
post Fri, 29 Mar 2019 - 22:02
Post #6


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



Simple

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 8 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc



First class post and get a free certificate of posting from any post office.

They will probably reject but then an appeal to POPLA will succeed because of the POFA fails.

They have also failed to give the invitation specified by 8 (2) (e) in the required form. There is no "required" about it, it is and "invite".

This post has been edited by ostell: Fri, 29 Mar 2019 - 22:05
Go to the top of the page
 
+Quote Post
EbenEben
post Sat, 30 Mar 2019 - 19:11
Post #7


New Member


Group: Members
Posts: 5
Joined: 28 Mar 2019
Member No.: 103,163



Brilliant.

Appreciate your help - the reply will be sent straightaway and the thread will be updated with any progress.

Thanks
Go to the top of the page
 
+Quote Post
EbenEben
post Wed, 10 Apr 2019 - 16:49
Post #8


New Member


Group: Members
Posts: 5
Joined: 28 Mar 2019
Member No.: 103,163



Success!

What can I say, received a letter today from NCP cancelling the PCN.

Many thanks to everyone who contributed.
Go to the top of the page
 
+Quote Post
HappyHarry
post Wed, 10 Apr 2019 - 20:16
Post #9


Member


Group: Members
Posts: 162
Joined: 14 Dec 2018
From: Sussex
Member No.: 101,446



That’s great news, thank you for sharing it.. I’m so pleased for you.


--------------------
“Nobody leaves their house because they want to go and do some parking; parking is simply a means to an end, and it should be as easy as possible.” Rishi Sunak, MP
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 17:12
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here