NCP PCCN - appeal declined?

Walaboobah

OK thanks very much, thought my case might have been different!

andy13

Could the railway station carpark be covered by byelaw 14?

LincolnshireYokel

sheltster wrote: »

OK thanks very much, thought my case might have been different!

No, its exactly the same as all the other Impersonation of Authority scams run by all the private parking companies in this country. Its just as unenforceable, and has just as much legal merit in court, which is zilch.

andy13 wrote: »

Could the railway station carpark be covered by byelaw 14?

It doesnt mention Byelaw 14 on the OP, so unlikely.

Walaboobah

I can confirm that there is no reference to Byelaw 14 or any Railway Byelaws on the PCC Notice

Coupon-mad

sheltster wrote: »

I can confirm that there is no reference to Byelaw 14 or any Railway Byelaws on the PCC Notice

NCP don't issue proper railway byelaw tickets. They issue a fake piece of rubbish called a 'Parking Contravention Charge Notice'.

Ignore it and you will just get the same letters we all do - and despite the 'debt collector' or 'solicitor' headings and bold lettering, threatening increasing charges, they really are very easy to ignore (as we all do!).

All the letters can be seen as picture previews, in the permanent info 'sticky' thread near the top of the parking forum. See my signature for the words to click on, in order to take a step back and see the whole current thread list (did you think this thread was the only one about the fake PCN scam? Oh no it isn't!!).

One click and you see all the current threads here. Third from the top, click on 'PPC letters & threats'.

1. Watch the Watchdog clip on there, and then

2. scroll down to the pics of NCP's threatograms, then

3. Play a nice game of snap with each matching templated threatogram, then

4. Tell your friends & family about the fake PCN scam so they never pay one.

HTH

Miss_Gnomer

Thank you all very much for your assistance with this.

Walaboobah

Well I'm not going to pay, despite having been advised by a 'Facebook friend' to do so. He said "NCP issue based on their T&Cs not the Railway Byelaws. These are displayed in their car parks and are enforceable in law. A recent court case went in favour of NCP v a parking blogger, ignore at your peril!"

Anyone heard anything about this case?

I'm not going to pay it though, they can whistle.....

Has anyone heard anything about this case?

Coupon-mad

sheltster wrote: »

Well I'm not going to pay, despite having been advised by a 'Facebook friend' to do so. He said "NCP issue based on their T&Cs not the Railway Byelaws. These are displayed in their car parks and are enforceable in law. A recent court case went in favour of NCP v a parking blogger, ignore at your peril!"

Anyone heard anything about this case?

I'm not going to pay it though, they can whistle.....

Has anyone heard anything about this case?

NCP don't do court - never seen a case by them mentioned on a forum in 5 years! - so that would be difficult! Is the facebook 'friend' an NCP employee?!

The only recent Court case worth knowing about actually went the other way completely for a PPC - so much so that it will cause PPCs huuuuge issues on land they do not own. I assume NCP don't own the railway car park!

Have a read of the thread about 'HMRC -v- VCS' which is only from about 3 weeks ago and is a decision from a higher court basically saying a PPC cannot offer parking nor enforce (take to court) any alleged charge if they do not own or have a proprietal interest in the land in question. Just 'being allowed to be there and bother people' like a protection racket isn't enough!

Here's a link with a practising barrister's view about fake PCNs (see the answer at the bottom of this link):

http://www.justanswer.com/uk-law/5isk3-hi-overstayed-berkley-precinct-car-park-ecclesall-rd.html

And in our thread I referred you to already in the reply above, you will see a solicitor on Watchdog advising viewers what to do with any fake PCN based on a private company's own t&cs. I suggest you watch it and look at the letter previews on the same thread so you can just play snap with each letter and teach your facebook friend about this scam.

LincolnshireYokel

sheltster wrote: »

Well I'm not going to pay, despite having been advised by a 'Facebook friend' to do so. He said "NCP issue based on their T&Cs not the Railway Byelaws. These are displayed in their car parks and are enforceable in law. A recent court case went in favour of NCP v a parking blogger, ignore at your peril!"

Anyone heard anything about this case?

I'm not going to pay it though, they can whistle.....

Has anyone heard anything about this case?

No, the only time a ppc wins is by default, ie the other party doesnt turn up to contest it, and thats usually engineered by the PPC by 'misdelivering' the papers. Such judgements can be overturned easily.

Point your idiot friend at HMRC vs VCS
http://forums.pepipoo.com/index.php?showtopic=70585
or the full ruling
http://www.tribunals.gov.uk/financeandtax/Documents/decisions/vehicle_control_services_v_hmrc.pdf

And explain to him this ruling makes any parking invoice from a ppc who doesnt own the land totally and utterly unenforceable (they already were, this just adds more weight). Only companies that actually OWN the land are still in business, even then, the charge is still excessive, punitive and unreasonable , and constitutes an illegal contract penalty, so its still easy to defeat.

Walaboobah

Coupon-mad wrote: »

NCP don't do court - never seen a case by them mentioned on a forum in 5 years! - so that would be difficult! Is the facebook 'friend' an NCP employee?!

The only recent Court case worth knowing about actually went the other way completely for a PPC - so much so that it will cause PPCs huuuuge issues on land they do not own. I assume NCP don't own the railway car park!

Have a read of the thread about 'HMRC -v- VCS' which is only from about 3 weeks ago and is a decision from a higher court basically saying a PPC cannot offer parking nor enforce (take to court) any alleged charge if they do not own or have a proprietal interest in the land in question. Just 'being allowed to be there and bother people' like a protection racket isn't enough!

Here's a link with a practising barrister's view about fake PCNs (see the answer at the bottom of this link):

http://www.justanswer.com/uk-law/5isk3-hi-overstayed-berkley-precinct-car-park-ecclesall-rd.html

And in our thread I referred you to already in the reply above, you will see a solicitor on Watchdog advising viewers what to do with any fake PCN based on a private company's own t&cs. I suggest you watch it and look at the letter previews on the same thread so you can just play snap with each letter and teach your facebook friend about this scam.

Thanks again for all that, it's just when I had the response on Facebook (put it on there before I saw here) it kind of threw me, but another 'friend' has pretty much given me the same advice as i've received here!

He said he has successfully batted away 7 parking tickets, had one letter off a solicitor representing the company, he fired off a letter to the said solicitor threatening to report him to the law society for making legal threats that cannot be enforced in law and he has heard nothing for two months.

The same thing had crossed my mind about whether the one chap was working for NCP, but as he is a facebook friend and not a proper friend I have no way of finding out!

Thanks again for all the advice from everyone, i'll wait for the letters

Edit - Just checked and NCP are listed as the Operator of the Car Park