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do i sign? (NCP PCN)

Hi,

I have been issued a pcn by ncp car parks, as its a private company and it wasnt me driving the car on the day i want to appeal, however i have recieved a invoice telling me to pay and that if i want to appeal i need to sign the back of the invoice and write on it why i am appealing otherwise my representation will not be considered if no signature. Should i sign this and send the letter or should I not sign??

Thanks

Mandy
«1

Comments

  • Crabman
    Crabman Posts: 9,940 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Hi mandylou86 - welcome to MSE. I've split your post from the discussion topic into a new thread.

    Advice is not to contact PPCs (private parking companies) as they only want your money, so appeals are rejected. Usually they'll ask you to pay and 'appeal' at the same time. It's not a surprise when you then hear the appeal's been rejected and they therefore keep the money.

    They can only ask the driver for payment and you're not obliged to tell them who was driving. They can't get income any other way as their 'invoices' are unenforceable in court under contract law, so they rely on people paying up at this stage.
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    mandylou86 wrote: »
    Should i sign this and send the letter or should I not sign??
    Do NOT sign, do NOT send the letter, or bother contacting them at all. There is no appeals process with private companies, they just want your money.

    What you have is a worthless piece of toilet paper, ignore it and all other threatograms they send you. They can't enforce it in court if you weren't driving.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is this NCP in fully private mode or under a council contract?

    The above applies if private but don't ignore it if they are acting for a council. It will say so and what regs apply on a legit ticket.

    If you are unsure, bung it up here to double checked. (See sticky at the top of the forum for how)
  • Coblcris
    Coblcris Posts: 1,862 Forumite
    Sounds like this could well be a PPC invoice. But we need to be sure.
  • Neil_B
    Neil_B Posts: 1,360 Forumite
    Indeed. In one town at least NCP operate both as a ppc and as agents for the Council, ridiculous as that is.

    If OP does not clarify they may be at serious risk.
    -
  • Crabman
    Crabman Posts: 9,940 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Neil_B wrote: »
    Indeed. In one town at least NCP operate both as a ppc and as agents for the Council, ridiculous as that is.

    If OP does not clarify they may be at serious risk.
    -

    Yikes :o Sorry OP, for not mentioning this critical info - best you do as above and scan the "PCN" for someone here to take a look.

    Make sure you remove any personal details, full info here:

    How to Upload & Post Images (PCN/NtO/other related paperwork)
  • mandylou86
    mandylou86 Posts: 16 Forumite
    Thanks, I will try and upload it tomorrow, it has written on it 'notice of breach of rail byelaws' but doesn't mentioned the actual laws or anything on it! It doesn't mention that is acting on behalf of the council or anything either? I really don't want 2 pay it as the issuing officer was a right !!!! to my partner as well :(
  • Neil_B
    Neil_B Posts: 1,360 Forumite
    edited 4 June 2009 at 8:20PM
    mandylou86 wrote: »
    Thanks, I will try and upload it tomorrow, it has written on it 'notice of breach of rail byelaws' but doesn't mentioned the actual laws or anything on it! It doesn't mention that is acting on behalf of the council or anything either? I really don't want 2 pay it as the issuing officer was a right !!!! to my partner as well :(

    Like I and others said - crucial indeed. On the face of it that makes it neither Council PCN nor ppc (but read on).

    'Tickets' can be issued in certain car parks under railway byelaw 14, are legitimate and generally best advice is to pay since a 'criminal' ticket.

    HOWEVER.
    NCP are suspected to 'pretend' to be issuing under Rwy bye-laws for locations where they have no such authority. This has cropped up a number of times. It effectively means they are only a ppc and trying it on - but you need to be sure.

    I have to seriously suggest you take this over to PePiPoo forum where they have particular experience of these.
    You will need to give proper details on there though. I don't recall you even mentioning the town here?
    -
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mandylou86 wrote: »
    it has written on it 'notice of breach of rail byelaws'

    Yup, rail byelaws are another circumstance where you need to get things clarified - If genuine, you could be letting yourself in for hassle by ignoring it.

    Get them posted, but remember to strip all your personal/vehicle details and the ticket number. :)
  • mandylou86
    mandylou86 Posts: 16 Forumite
    I've just found out I don't have a scanner at work so I can't upload my ticket :( the car park is north greenwich lu station which is right near the o2 dome, I've looked on greenwich council website and it does state on it that there is no council car parks around the o2 dome! It doesn't mention what byelaw I have breached and doesn't have any act or law written on it anywhere? The violation was that the car wasn't parked correctly within the markings of the bay, well lots of cars were parked up on a grass verge and not in marked spaces so my partner parked the same way, however we were the only car to receive this pcn! Surely if I have breached a byelaw it should tell me which one?!!
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