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POPLA appeal for NCP ticket - machines not working, Machines not working so left car park
starb
post Thu, 21 Jun 2018 - 00:18
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Hi all,
I've found cases on the forums whereby people have received PCNs for parking in a car park without a ticket because the machine wasn't working but my case is different, I think, because I left when I was unable to obtain a ticket, and parked elsewhere.

I went to an NCP car park and there were two machines. One was not even on and I waited at the other one while the couple in front of me struggled to try to get it to accept their card. They could not and they left the car park to park elsewhere. I tried for some time after them and just could not get it to accept mine either. so I left. Therefore I did not actually park, other than while I tried to get a ticket. So my question is, should I be putting anything specific in my appeal to POPLA as I didn't actually park? The PCN says that my breach of the T&Cs was 'vehicle parked with an expired cashless payment'. I'm not quite sure what that means. Is there any way I can get records of payments to those machines from NCP or the camera footage, as it will clearly show me trying to pay?

Any pointers would be very much appreciated.

Thanks in advance.
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post Thu, 21 Jun 2018 - 00:18
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Jlc
post Thu, 21 Jun 2018 - 06:46
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One presumes your recorded ‘stay’ was in excess of 10 minutes? This is the usual grace period.

But regardless you did not form a contract and left. They have no claim.

I guess you revealed the driver?

POPLA will only decide whether the PCN was ‘correctly issued’ and the legal situation may be lost on them.

But NCP aren’t known to issue court claims (apart from a recent bit of dabbling) but here they have no claim so even if POPLA give an adverse decision they can be ignored (or at least told why you are not paying) unless a claim is issued.


--------------------
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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pe_sjo
post Sat, 23 Jun 2018 - 15:55
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QUOTE (Jlc @ Thu, 21 Jun 2018 - 07:46) *
But NCP aren’t known to issue court claims (apart from a recent bit of dabbling)


Apologies for the hijack,

Was just wondering if you have any info/links regarding thie recent dabbling as I have 3 outstanding tickets with them which will be 6 months old next month. Had the usual tirade of debt collector letters (they seem to alternative between two companies).

Two of the tickets are incorrectly addressed, however one is correct.
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kommando
post Sat, 23 Jun 2018 - 17:14
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Look through the threads on the forum with NCP in title, it was last 2 weeks or so.
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