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  • FIRST POST
    • Jololo73
    • By Jololo73 3rd Dec 17, 4:26 PM
    • 1Posts
    • 0Thanks
    Jololo73
    POPLA \ NCP Appeal rejected
    • #1
    • 3rd Dec 17, 4:26 PM
    POPLA \ NCP Appeal rejected 3rd Dec 17 at 4:26 PM
    I appealed to POPLA for a fine that I received for parking at Debden Underground Station NCP Car Park for supposedly not paying. However, I did pay and provided evidence by way of bank and online statements that showed" NCP Debden".

    The payment was made by debit card contactless and debited my account the day after I paid.

    My bank have confirmed that contactless payments can take a day or so to debit the account and that the payment was requested at 1am the day after I made payment.

    My appeal was turned down on the basis that my evidence did not give enough detail such as car registration number and that payment was made too late (although they have not explained this further).

    Am I safe to just ignore any letters I receive requesting payment from debt collectors etc as surely should it go to court the judge will consider that I have provided sufficient evidence as my bank statement clearly shows a payment for "NCP Debden".


    Thanks for any help you can offer.
Page 1
    • nosferatu1001
    • By nosferatu1001 3rd Dec 17, 4:29 PM
    • 1,185 Posts
    • 1,228 Thanks
    nosferatu1001
    • #2
    • 3rd Dec 17, 4:29 PM
    • #2
    • 3rd Dec 17, 4:29 PM
    NCP haven’t sued anyone in years, since they lost big.
    • Redx
    • By Redx 3rd Dec 17, 4:57 PM
    • 16,937 Posts
    • 21,072 Thanks
    Redx
    • #3
    • 3rd Dec 17, 4:57 PM
    • #3
    • 3rd Dec 17, 4:57 PM
    nobody can determine if you are "safe"

    in the unlikely event that NCP try a court case, due to judge bingo and not knowing all the facts then the outcome cannot be predicted

    you would hope that common sense prevails , so assume the worst and plan for the best outcome

    NCP have 6 years to issue a court case, so keep all paperwork, pictures and any other evidence
    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
    • JuliusCaesar
    • By JuliusCaesar 3rd Dec 17, 7:08 PM
    • 34 Posts
    • 41 Thanks
    JuliusCaesar
    • #4
    • 3rd Dec 17, 7:08 PM
    Call their bluff
    • #4
    • 3rd Dec 17, 7:08 PM
    Send them a cheque for the amount of the fine, with a letter stating that you are paying the fine under protest, and should they choose to accept the payment, you will immediately instigate proceedings in the Small Claims Court to have it refunded, together with costs.

    If they do accept payment, take them to court using the online claims process. They are likely not to respond, so you will have won by default and can claim the money from them.

    In your case, the parking firm is unlikely to defend the claim, on the basis that if it did get to court, the judge would throw it out, based on the evidence you are able to provide.

    I did this (following advice from a solicitor friend) several years ago with another company, took them to court, and got the money back, with costs. Doing it this way gives you the satisfaction that an unpaid fine, even though it is unjustified, will not be hanging over you.
    • beamerguy
    • By beamerguy 3rd Dec 17, 7:17 PM
    • 6,479 Posts
    • 8,312 Thanks
    beamerguy
    • #5
    • 3rd Dec 17, 7:17 PM
    • #5
    • 3rd Dec 17, 7:17 PM
    I did this (following advice from a solicitor friend) several years ago with another company, took them to court, and got the money back, with costs. Doing it this way gives you the satisfaction that an unpaid fine, even though it is unjustified, will not be hanging over you.
    Originally posted by JuliusCaesar
    Several years ago is NOT 2017 and this is not good advice
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Quentin
    • By Quentin 3rd Dec 17, 7:20 PM
    • 33,601 Posts
    • 17,503 Thanks
    Quentin
    • #6
    • 3rd Dec 17, 7:20 PM
    • #6
    • 3rd Dec 17, 7:20 PM
    Send them a cheque for the amount of the fine, with a letter stating that you are paying the fine under protest, and should they choose to accept the payment, you will immediately instigate proceedings in the Small Claims Court to have it refunded, together with costs.

    If they do accept payment, take them to court using the online claims process. They are likely not to respond, so you will have won by default and can claim the money from them.

    In your case, the parking firm is unlikely to defend the claim, on the basis that if it did get to court, the judge would throw it out, based on the evidence you are able to provide.

    I did this (following advice from a solicitor friend) several years ago with another company, took them to court, and got the money back, with costs. Doing it this way gives you the satisfaction that an unpaid fine, even though it is unjustified, will not be hanging over you.
    Originally posted by JuliusCaesar


    But this isn't a "fine" at all!


    Your solicitor's suggestion that ppcs are likely to simply ignore a MCOL from the OP and thereby get a CCJ by default is naÔve and should really be ignored
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