Ncp non payment, Can you help |
Helping the motorist get justice 
Helping the motorist get justice
Ncp non payment, Can you help |
 Mon, 21 Sep 2020 - 17:31
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#1
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New Member Group: Members Posts: 7 Joined: 21 Sep 2020 Member No.: 109,846  |
Today got a pcn to pay £50 for non payment of a ncp parking charge
The machine would not accept cards (many people trying to pay and failing) We then paid by veri-park online at the time Today we got the pcn saying we haven’t paid Upon checking the veri-park payment failed. I assume the banking/payment system was at fault. Is this enough to challenge the pcn ? |
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Mon, 21 Sep 2020 - 17:31
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Mon, 21 Sep 2020 - 18:54
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Post up the redacted PCN but leave the dates. Use a hosting site, such as imgur
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Mon, 21 Sep 2020 - 19:20
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#3
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New Member Group: Members Posts: 7 Joined: 21 Sep 2020 Member No.: 109,846 |
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Mon, 21 Sep 2020 - 19:25
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#4
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 Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
QUOTE (Davevx @ Mon, 21 Sep 2020 - 18:31)  Is this enough to challenge the pcn ? You'd think so but they won't be interested. But it's a non-PoFA compliant notice so they cannot hold the keeper liable. 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 -------------------- 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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Mon, 21 Sep 2020 - 20:10
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#5
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New Member Group: Members Posts: 7 Joined: 21 Sep 2020 Member No.: 109,846 |
I shall pen a letter of reply as above
Thanks I’ll let you know if I hear any more They tell me they don’t have to follow pofa This post has been edited by Davevx: Tue, 22 Sep 2020 - 10:21 |
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Thu, 24 Sep 2020 - 05:33
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#6
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New Member Group: Members Posts: 7 Joined: 21 Sep 2020 Member No.: 109,846 |
Other than they said pofa dosnt apply to them they will look at the appeal within 14 days
We will see |
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Thu, 24 Sep 2020 - 09:04
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#7
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
If POFA doesn't apply go them the how are they going go claim from the unknown driver?
They've also failed 9 (2) a, e, f & h |
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Thu, 24 Sep 2020 - 09:14
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#8
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New Member Group: Members Posts: 7 Joined: 21 Sep 2020 Member No.: 109,846 |
QUOTE (ostell @ Thu, 24 Sep 2020 - 10:04) If POFA doesn't apply go them the how are they going go claim from the unknown driver? They've also failed 9 (2) a, e, f & h Tbh she was one of the most condescending woman I’ve spoken to for some time |
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Thu, 24 Sep 2020 - 09:56
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#9
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Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Spoken to? Never call them!
QUOTE (Davevx @ Thu, 24 Sep 2020 - 06:33) Other than they said pofa dosnt apply to them they will look at the appeal within 14 days That's so funny. I mean it's not like it's a complex Act and their primary business is parking. This post has been edited by Jlc: Thu, 24 Sep 2020 - 09:57 -------------------- 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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Thu, 24 Sep 2020 - 10:51
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#10
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New Member Group: Members Posts: 7 Joined: 21 Sep 2020 Member No.: 109,846 |
QUOTE (Jlc @ Thu, 24 Sep 2020 - 10:56) Spoken to? Never call them! QUOTE (Davevx @ Thu, 24 Sep 2020 - 06:33) Other than they said pofa dosnt apply to them they will look at the appeal within 14 days That's so funny. I mean it's not like it's a complex Act and their primary business is parking. Point taken And very true |
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Tue, 29 Sep 2020 - 17:26
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#11
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New Member Group: Members Posts: 7 Joined: 21 Sep 2020 Member No.: 109,846 |
Email received
“ Thank you for your recent correspondence regarding the above notice number. We encourage the responsible, safe and considerate use of our parking facilities by all our visitors, and occasionally we have to enforce these standards by issuing a PCN. On this occasion the business manager has requested the cancellation of this notice. No further action is required from you in respect of the PCN, Please note that all appeals are considered on their merits and that future appeals may not result in the cancellation of the PCN. You may now treat this matter as closed. “ Thanks everyone for your assistance with this one 😁 |
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Wed, 30 Sep 2020 - 08:29
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#12
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 Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Interesting, that's the first NCP one I've seen cancelled on the basis of a PoFA appeal, they usually force them to POPLA.
Well done. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 30 Sep 2020 - 10:18
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#13
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Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Always good to get them on a technicality
 (as they were unlikely to relent on the core issue)
-------------------- 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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Wed, 30 Sep 2020 - 18:46
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#14
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Member Group: Members Posts: 113 Joined: 17 Dec 2019 Member No.: 107,101 |
Please see case NCP over 14 days same result
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