NCP - Railway Station PCN Options

[Mr_Baz]

Hi everyone,

I'm after reassurance that this current thinking is correct in response to an NCP PCN please.

Facts:
- Driver parked in a railway station car park
- Driver had a ticket
- Driver parked outside of a bay
- Windscreen PCN is for 'Not parked correctly within a bay space'

Process:
1. Wait until day 26 and appeal online
2. Appeal using the MSE newbie text:

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

3. Wait for rejection response from NCP, follow up with appeal.
4. Wait and see if NTK arrives by day 56

Does that sound correct as a starter please?

Thanks in advance!

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[Redivi]

Not that wretched Parking Cowboys letter again ?

Is it a Penalty Notice under the Railway Byelaws or a Parking Notice ?

If it's a Penalty Notice, do not respond to a windscreen ticket
Wait for the Notice to Owner to arrive and appeal that at the last possible moment
The strategy is to drag the case out past six months when no prosecution will be possible

If it's a Parking Notice, search some threads for the much better Ostell letter for situations, like railway stations, when a company can't use the Protection of Freedoms Act to recover payment from the keeper if it doesn't know who was driving

[Mr_Baz]

Hi Redivi,

Thanks for the reply.

The letter was just from Moneysavingexpert's newbies section.

It was a screen ticket in a railway station car park, so I believe its covered under railway byelaws.

I've seen the Ostell letter now (thanks), am I right in thinking I now wait for NTK to arrive and respond with Ostell's letter then?

Thanks again for the help.

[Redivi]

It was a screen ticket in a railway station car park, so I believe its covered under railway byelaws.

No

The railway station is covered by the Byelaws but parking companies choose whether to issue Penalty Notices under the Byelaws or Parking Notices under contract law
NCP usually but not always issues Parking Notices

Only the wording of the Notice tells you which

I've seen the Ostell letter now (thanks), am I right in thinking I now wait for NTK to arrive and respond with Ostell's letter then?

Yes

[Mr_Baz]

So, do I need to check the signage at the station regarding the byelaws?

Thanks again!

[nosferatu1001]

Yes, because it would obviously help to knwo what the signs do and dont say anyway, as it is ONLY the signs that can convey any offer of a contract OR inform you of the byelaws in play, or both.

[Mr_Baz]

A 'Parking Charge - Notice to Keeper' has now arrived. No note on there of byelaws.

Is the tactic still to appeal as late as possible with Ostell letter in this scenario?

Thank you for your help!

[Gary Bloke]

Yes

[nosferatu1001]

Pictures of signs?

[Mr_Baz]

Sorry, I'm not near that station for the next 3 or 4 weeks as I am away I'll grab a picture when I am back there for more information.

Thanks!

[ostell]

So you appealed the windscreen ticket as the keeper on day 26 and you now have a NTK ?

If that is the case then email to the DVLA asking who has requested your details, from the date of the incident to today. Address is in the forum, in the form Subject.Accessrequest@dvla.gov

Just to see if they got your details from the DVLA

[Mr_Baz]

Hi All,

I'm back from holiday now.

The order of events was, windscreen ticket received and ignored. NTK then turned up, I appealed with your template Ostell (thank you).

I've come home to a letter from NCP saying they have "requested the cancellation of this notice" and that "No further action is required from you in respect of the PCN. You may now treat this matter as closed." It took them around a week to respond.

Thanks for your assistance with all this everyone, perfect outcome!