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  • FIRST POST
    • inkypinky999
    • By inkypinky999 10th Oct 17, 11:02 PM
    • 155Posts
    • 80Thanks
    inkypinky999
    Help Postal PCN, BPA Member - NCP
    • #1
    • 10th Oct 17, 11:02 PM
    Help Postal PCN, BPA Member - NCP 10th Oct 17 at 11:02 PM
    Hello,

    I have read the newbie thread on Parking charge notice.

    I got my notice on 02/10/17 in post from NCP, the notice was issued on 27/09/2017 with date of offence 09/09/1977, they have provided photographic evidence of car entering the parking and car leaving the parking 19 minutes apart. They are demanding £100.00 (or £60.00 if paid in 14 days)

    How shall I approach to handle this situation?, the facts is that I entered the car park but didn't parked in a bay and waited outside bay for my family to come and we then went, the wait would have been around 15-20 min.

    As per newbie thread are these the right steps

    Step 1. Check if NCP is BPA registered - YES

    Step 2. Online Appeal to them as per template provided

    Dear Sirs

    Re: PCN No. [MY PCN Number]

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,

    [My Name as Keeper & Address]

    My question is when should I send this appeal, now or wait for day 26 to submit the appeal ?

    any help/guidance much appreciated.
Page 2
    • inkypinky999
    • By inkypinky999 27th Nov 17, 10:50 PM
    • 155 Posts
    • 80 Thanks
    inkypinky999
    How long does an POPLA appeal response take, it still shows waiting evidence from parking company.

    Do I need to do some pre-work in anticipation that POPLA may reject my appeal or write down some points on assumption that NCP will provide default response
    • Redx
    • By Redx 27th Nov 17, 10:53 PM
    • 16,937 Posts
    • 21,073 Thanks
    Redx
    I would have thought 4 to 6 weeks for a response

    you should be planning for a rebuttal, by reading recent POPLA REBUTTAL posts in other threads
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • inkypinky999
    • By inkypinky999 5th Dec 17, 6:09 PM
    • 155 Posts
    • 80 Thanks
    inkypinky999
    Hello all,

    My Appeal has been successful, the parking operator has decided not to contest the appeal. Reason given

    "Unable to provide Landowner authority within the time scales. Wish to withdraw, although we do have the right to enforce as it is a lease management deal."

    What does this mean, can they still pursue further?

    Many thanks to you all for helping me throughout this process, I will be donating £10 to our local charity as a way of saying thank you.

    In terms of helping other users is there a common thread where users update appeal status, i can upload what letter/appeal text i have sent.
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