Have both paid parking charge and paid fine!, NCP have both received full payment for parking and levied a fine |
Have both paid parking charge and paid fine!, NCP have both received full payment for parking and levied a fine |
Sat, 18 Aug 2018 - 14:02
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#1
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New Member Group: Members Posts: 2 Joined: 18 Aug 2018 Member No.: 99,456 |
I'm wondering whether the simplest thing is to let this go, but anyway, he's my story...
I regularly park at an NCP station car park and have for 2.5 years. I pay via mobile app. NCP used to use an app provided by RingGo, and while not the most beautiful UI in the world, RingGo had the benefit you could enter a start time as well as duration for your parking. I used this to pay for my parking the night before, to start from the following morning and never missed a parking fee. The NCP, tag line, “Customer focused, technology led” (apologies for probably making a lot of people very sick at seeing that!), then decided to 'upgrade' their mobile app to one supplied by Dash. One of the key changes with Dash is that you can no longer prebook, you can only book from the moment you complete the payment on the phone. “Customer focused, technology led”? I was away 3 days and in the 'rush' of parking, getting a train ticket etc. I forgot to buy my parking on the phone...remembering prior to this it would have all been done the previous evening and so wasn't something I previously needed to do while also buying train tickets. That night I woke up, realising I'd not paid (not that Dash tells you, whereas RingGo did!), and so paid for my full 3 days on the spot. When I got back I indeed had a PCN and so I appealed. The basis of my appeal was that Yes, I had indeed forgotton to pay for my parking, but that a. NCP were contributary to this having removed the ability to pre-pay for parking, and b. that I had paid for the full 3 days and provided the receipt. No joy...the reply from NCP pretty much amounted to two fingers. I therefore appealed to POPLA. I also noted that if the fine was paid early, it was reduced, and unlike other operators, NCP say nothing about the reduced fee period restarting after a POPLA decision. So I deciced to pay the reduced rate in case the decision went against me and then get the money back (somehow!) if it went in my favour. POPLA then contacted me to advice that *NCP*, had closed my appeal on the basis I'd paid the fine, end-of, they couldn't consider further. So I complained to POLA, but the same thing. My contention is that NCP can EITHER keep the full 3 days parking I paid and for which I have a receipt, OR they can chanrge me the fine for failing to pay on day 1 and refund part of my parking fee. What they should NOT be able to do is have BOTH the full 3 days parking fee AND the fine. One or the other, not both. I have considered taking NCP to Small Claims on the basis they can have fine + reduced parking fee, or parking fee and return the fine, but not keep hold of both. Also, the appeal was MINE, not NCP's, and it is not therefore in NCP's gift to decide whether the appeal is to be closed. NCP give no advice that looking to take advantage of the reduce rate payment will be cause for cancellation of any appeal and nor do they advise whether the reduced rate will be available once POPLA make a decsion and in the case of fine against me. I also wonder if by making my appeal to POPLA, there is an implied contact between POPLA and myself, a contract NCP are not a party to and so which they cannot interfere with. I wonder therefore if POPLA can simply drop my appeak on NCP's say-so? Anyone any advice? Let if go, or refuse to let NCP walk off both with the full parkeing charge for the time I parked AND a fine for having not paid for parking. |
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Sat, 18 Aug 2018 - 14:02
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Sat, 18 Aug 2018 - 14:18
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
You shouldn’t have paid the 'fine' at all.
Although you paid the tariff it also appears you breached the contract and the charge was liable. When appeals go to POPLA there is never any option for the reduced charge. POPLA was right, they cannot be pursued. If it helps they wouldn’t have upheld your appeal anyway. (They judge whether the charge was correctly issued and not always whether it was actually payable) Your payment was (apparently) in full and final settlement so you may not have a cause of action. Next time, come here first. This post has been edited by Jlc: Sat, 18 Aug 2018 - 14:20 -------------------- 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. |
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Sat, 18 Aug 2018 - 15:10
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#3
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Member Group: Members Posts: 647 Joined: 10 Oct 2017 Member No.: 94,458 |
Trying to get your money back now is a bit of a lost cause. It would be easier to take a bone off a hungry rottweiler! Just put it down to experience (or lack of) and come here first next time before you consider paying a penny to anybody.
This post has been edited by Macapaca: Sat, 18 Aug 2018 - 15:11 |
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Mon, 20 Aug 2018 - 07:24
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#4
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Indeed, you cannot pay the charge AND appeal to POPLA. Same as with a council ticket - once paid it is closed (for the most part, towing is a different matter) .
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Wed, 22 Aug 2018 - 21:03
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#5
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New Member Group: Members Posts: 2 Joined: 18 Aug 2018 Member No.: 99,456 |
Oh well, live and learn. My thinking was to minimise the charge if the appeal went against me. Still daylight roberry for them to hold the full payment for the 3 days AND charge a fine. One or the other surely
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Wed, 22 Aug 2018 - 21:26
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#6
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Member Group: Members Posts: 647 Joined: 10 Oct 2017 Member No.: 94,458 |
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