NCP PCCN - appeal declined?

angel_islington

Muppets wrote:

By parking in our car park, you indicated your acceptance of our terms and conditions.

That's complete bo**ocks. Just saying. I bet it's not their car park either.

Stephen_Leak

Strictly speaking, you did accept their T&Cs. It's called a deemed contract, which you enter into by doing something, not signing a piece of paper.

However, they just can't do anything, even if you did contravene one of the T&Cs, if they didn't suffer a loss as a result. You paid them. No loss.

Actually, you overpaid them. I would argue that they haven't met their side of the contract, by keeping the ticket machine in good working order, and you have suffered a loss as a result of this.

TrickyWicky

@Stephen there was no ticket machine involved in this.

@bt1: Ignore them. NCP don't do court, they don't pursue, they'll nag you a few times by post and then they'll drop the bone and move on. A supervisor of theirs once told me it was a good money maker for them and they didn't need to chase people because they received so many payments it didn't matter to them.

NCP are jumped up people comprising of power hungry folk. Give them a parking barrier and a remote control and they think their gods gift to the motorist. They get a real kick out of their PCCNs too it's all a load of tosh.

ManxRed

Nice of them to confirm in writing that you paid.

Their liquidated damages as a result of contract breach is nil, and they've had the courtesy to confirm this in writing to you.

So why are they asking for £50?

A. Because they are hoping you don't know contract law, and are trying to scam you. They are scumbags.

Miss_Gnomer

Sorry for the bump - I'm a first time poster and didn't want to clutter the forum with another post on the same subject.

In short, I've received exactly the same email as bt1 following my husband being issued a NCP parking fine at our new local rail station despite having paid via Ringgo. I have to admit that he didn't pay on line until around four hours after parking as the internet was down at work when he got in, but he did pay a full day's peak rate parking charge in full. I wish I'd read MSE and this forum before I contacted them in a panic on his behalf with my non-named email address but with his name.

Fortunately I didn't change my surname when I got married and the car's in my name at my pre-marital address in London. I usually drive my husband to/from the station from our village, but on the day concerned I had food poisoning so he had to drive and park at the station all day. I understand that I will possibly be contacted at my former address (which is still mine at the moment) regarding this charge. In this case should I just reply to them and say I wasn't driving? Will that then be the end of that?

My next question is whether I will be able to park in my local railway station car park and any other NCP run car parks now that I've had this parking charge and am not intending to pay. Will they clamp the car if it happens again? Will they consider me to be in breach of their parking rules if I park there again as I've already "committed an offence" in their eyes?

If I get sick again at some point and my husband has to take the car, I'm really worried that we'll get further "fines" and the car may be clamped or towed... we live 5 miles from the station, so it's an hour home down country lanes even if you're running, so not something that's doable!

Any advice would be gratefully received. Thanks in advance!

pogofish

No they won't. Just ignore them totally from now-on.

You may want to sort out your details with the DVLA though but that is a whole other unrelated matter.

give_them_FA

Fair questions, but none of this will happen. You are clearly people who are not seeking to rip NCP off "just because you can" and they would have no legal ability to do what you suggest.

Don't start getting paranoid, these people are just scam-attempters but they don't break laws; and a fair few people don't pay their tickets- usually with far less justification than you.

Just forget the whole matter. They will.

Miss_Gnomer

Thank you very much for your replies to this. I'm going to take a photo of the "rules" in the car park later to make sure I have all the info for the future, as I have to admit this really shook us up after just having spent everything we have buying our home! My husband still wants to cough up so they go away, but I definitely think this is the better option!

Thanks again.

give_them_FA

Tell hubby to start wearing some trousers! They will "go away" whether you cough up or not. If you don't cough up the only difference will be the cash stays in YOUR bank account instead of going to THEIRS.

vax2002

I think hubby needs a severe bollocking about how he intends to protect the family if he wants to give away the family budget to every scammer that pops out of the wood work.
You are not going to have an easy life with someone so easy with the wallet.
Get him by the lug and drag him to order !