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    • kvu
    • By kvu 27th Apr 16, 3:00 PM
    • 12Posts
    • 7Thanks
    NCP Parking Charge at London Underground Station: POPLA Appeal Stage.
    • #1
    • 27th Apr 16, 3:00 PM
    NCP Parking Charge at London Underground Station: POPLA Appeal Stage. 27th Apr 16 at 3:00 PM
    Dear MSE Users

    I have to say how grateful I am for all the information I have managed to find and read on the various threads. This information has given myself, and many others, the ability to fight for what is appropriate. Thank you!!

    I currently have an NCP dispute involving parking at one of their London Underground Station (LUL) car parks.

    Summary of events

    • The driver parked said vehicle, as has been the case many countless times before, at an LUL car park.
    • On this occasion, the payment (current day and forward two days) was attempted using the Android based payment app “Dash Parking.” This is how I, the keeper, always make payment, but on this occasion the app froze and no text message confirming parking was generated either – the text message isn’t always generated, but this was the first time the app crashed.
    • I called NCP customer services, very unhelpful, who said they couldn't validate the payment, but I had to cash Dash Customer Services, as their systems would only show the payments made (or not made haha!) the next working day. I called Dash payments and there was no response from an advisor. I tried three times during the course of the day – still no luck.
    • In the evening, approximately 11hrs after parking payment had been attempted, I received a text message confirming the parking had been made. The start time was not accurate (it was based on the text message sent time) and therefore excluded the prior 11hrs from the parking cover period, however it did correctly show the future parking was paid for the days ahead.
    • Driver received a PCN on the windscreen 13/01/16.
    • As NCP didn’t hear from anyone, they sent me a Notice to Keeper on 22/02/16 to which I replied using a document structured around POFA 2012 Schedule 4 comments and I also included Genuine Pre-estimate of loss comments.
    • NCP responded with a letter, dated 04/04/16 that I only received 21/04/16, rejecting my appeal on the ground that
      1. At the time of issue, the parking attendant could not find details of a payment made by a cashless system. A record of a payment is there later in the day however the notice had already been issued.
      2. The notice to keeper was not issued under the protection of freedoms act 2012, it was issued in line with railway bylaws.
      3. The PCN of £100 was reapplied with a discount to £60 if paid within 14 days – not possible as the letter was received too late.
    • POPLA code issued valid for 28 days – based on letter, dated 04/04/16, I would assume this will expire on 01/05/16.


    So I basically should have researched a bit before sending my initial reply to the NTK letter, but heyho…we are where we are and I’ll live and learn. Hopefully, my summary above and the notes that will follow will give good and clear advice to the next MSE users that can benefit.

    My response to POPLA has to be in the next few days so I’ve used what I have found to argue my case using railway bylaws and other relevant points picked up from the forums. I’ve stuck to POPLA beneficial facts, but I don’t know if I should include the point about payment made and it not correctly being processed.

    I’d be extremely grateful if I could receive some feedback so I can submit my reply to POPLA.
Page 2
    • Autolycus2000
    • By Autolycus2000 8th Oct 16, 8:19 AM
    • 29 Posts
    • 33 Thanks
    Apologies if I'm being thick, but I had a look at the penultimate page of 'POPLA Decisions' top of this forum and it only contains decisions, not the actual appeal letters. And in most cases POPLA only refer to one of the points in their decision response.

    Also there was nothing very recent relating to railway byelaws other than one where a PENALTY charge notice had been issued, whereas I am dealing with a PARKING charge notice (and this would have altered POPLAs response quite a bit I am sure).

    Am I doing something wrong?
    • Coupon-mad
    • By Coupon-mad 8th Oct 16, 8:10 PM
    • 39,361 Posts
    • 50,988 Thanks
    No but your view may not be my view of the forum as you joined after 2015 when it changed to blue. I still use the old green version (because existing posters were given the choice) and I elect on my forum settings, to see lots of posts per page.

    I see 80 pages in POPLA Decisions (you may not) and in my version of this board, posts #2341 - #2346 are on the penultimate page 79.

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Autolycus2000
    • By Autolycus2000 9th Oct 16, 8:27 AM
    • 29 Posts
    • 33 Thanks
    Thanks. Got it now.
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