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NCP Parking Charge Notice
Gandalfo
post Wed, 10 Jul 2019 - 14:46
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Hello guys,

I would like to ask you for advice regarding a Parking Charge Notice received from NCP.
The reason is:

Parked without payment of the parking charge and liability for the same having been brought to the attention of the driver by clear signage in and around the site (Site name) at the time of parking. The breach relating to the period of parking was recorded by an approved ANPR camera.

The driver parked the car at the NPC car park, he/she tried to use the app to pay for the stay, but the app was not working.
He/she tried to pay at the machine, but the machine did NOT accept payment with cash (coins).
Then, he/she tried to pay using TWO different cards (a debit card and a credit card) but none of them worked.
At that point, he/she was forced to leave the car park, after 13 minutes inside the car park, trying to pay for the stay.

The PCN includes camera footage of the entry and exit of the vehicle, but unfortunately, the driver does not have any proof of these factors that did not allow him/her to pay for the stay.

The fine is 100£, 60£ if paid within 14 days.

Do you think there might be a chance to appeal this notice?

Please let me know if you need more details
Thank you very much

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post Wed, 10 Jul 2019 - 14:46
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ostell
post Wed, 10 Jul 2019 - 14:54
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Let's see the NTK, suitably redacted but leave dates
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ManxRed
post Wed, 10 Jul 2019 - 14:56
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Wait for the suggestions of others, but the appeal point is that the contract was rejected as the parking company provided no legitimate means of payment. The driver was unable to comply so left. It took 13 minutes to discover this and act on it.

No contract existed, so no breach occurred.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Gandalfo
post Wed, 10 Jul 2019 - 15:35
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ManxRed
post Wed, 10 Jul 2019 - 15:48
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They've failed to meet the delivery criteria of 14 days delivery of the Notice to Keeper required by Schedule 4 of the Protection of Freedoms Act 2012, and as such they cannot hold the Keeper liable for the charge. You are under no legal obligation to name the driver.

There is a simple 'get lost' response floating about in a few places on here.


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bobthesod
post Wed, 10 Jul 2019 - 19:56
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OP look for posts by ostell for the jog on letter. HOWEVER make sure that the part of POFA that is mentioned tallies with the section that covers 'must be delivered within 14 days.'

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PaulPaul1308
post Wed, 10 Jul 2019 - 21:28
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The relevant section is 9(5): "The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended."
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ostell
post Wed, 10 Jul 2019 - 21:36
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No, the relevant portion that they didn't comply with is 9 (4)
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Gandalfo
post Thu, 11 Jul 2019 - 08:58
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QUOTE (ostell @ Wed, 10 Jul 2019 - 22:36) *
No, the relevant portion that they didn't comply with is 9 (4)


Ok, thanks to all of you guys.
Should I send them a letter highlighting that they failed to comply with that (please, if you can show me a template or an example to use) or should I just ignore it?

Thank you very much
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nosferatu1001
post Thu, 11 Jul 2019 - 09:47
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Noone has said ignore. You cannot come to that conclusion here or in any thread.

You appeal on that basis.. You were told to look around and read other threads - please do so. You will not learn enough stuck just on your own thread.
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ostell
post Thu, 11 Jul 2019 - 11:58
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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 deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) 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.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc
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Gandalfo
post Thu, 11 Jul 2019 - 19:47
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QUOTE (ostell @ Thu, 11 Jul 2019 - 12:58) *
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 deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) 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.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


Great, thank you very much.
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