NCP Parking Ticket

webwes

Hi Guys,

I received a parking ticket at the Birmingham Albany NCP.

I didn't even know they gave out parking tickets in car parks!

I wasn't in a space because I was running late had to drive up 10 floors and the one I found in the corner was too small to fit in (This car park has super small spaces) so I parked behind it against the wall, in front of a space that goes along the wall, not causing an obstruction.

I was in the wrong not being in a space but at £20 a day I think they've got a cheek! Apparently it was for causing an obstruction but there was no obstruction apart from to the space which they've created too small for an average car to fit in!

The PCN is not found on their website so I can appeal, even though 72 hours have passed.

Do I contact them or is this ticket non enforcable?

Thanks

Stephen_Leak

webwes wrote: »

<snip> I didn't even know they gave out parking tickets in car parks! <snip>

Where else would you expect to get one?

Firstly, the legal stuff.

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract between the car park owner and the driver in the first place. (The Unfair Contract Terms Act 1997.)

Even if there is a contract, all the car park owner can claim from the driver in damages for any breach of contract is what they’ve lost as a result. If this is a free car park or they paid, this is £0.00. By asking you for more, which is unreasonable, it’s become an unfair contract penalty, which is not legally enforceable. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914.)

Under various legislation, only councils, the police, train operators and Transport for London can impose legally enforceable fines or penalties. Private parking companies can't.

What do I do now?

Don’t appeal. They always reject them. What’s in it for them to let anyone off?

What’s in it for them is information. They need to know the identity of the driver of the vehicle involved at the time, because that’s who the alleged contract was with. If they don’t know who the driver was, they have to make do with chasing the registered keeper.

With windscreen notices, an appeal letter will tell them your name and address, and maybe that you were driving at the time. If they don’t know who the driver was, they have to buy the details of registered keeper from the DVLA.

With postal notices, they’ve done this already. But they still need to know the identity of the driver.

They sometimes say that they have the right to ask for this information. This doesn’t mean that you have to tell them.

However, even if you’ve written and confirmed who the driver was, it doesn’t make their actions any less unlawful. It just means that instead of unlawfully harassing the registered keeper, they can now unlawfully harass the driver.

What will they do to me?

They will send you a series of letters, then a debt collector and then a solicitor. The debt collector and solicitor are usually also the PPC, but using different headed paper. These will threaten you with all sorts of financial and legal unpleasantness, to intimidate you into paying.

But, they can't actually do anything, for the same reason that a blackmailer couldn't sue their victim if they didn’t pay.

What should I do then?

Continue to ignore everything you get from the PPC and their aliases. Yes, it does seem counter-intuitive to deal with something by ignoring it. Eventually, they will run out of empty threats to intimidate you with, and stop throwing good money after bad.

give_them_FA

They don't give out tickets in car parks. Not unless they are Council car parks.

What you have received is an unenforceable invoice which you are being INVITED to pay. You can quite legally decline the invitation.

Unlike a genuine council/police ticket, it will not be enforced.

Simply ignore it, do not communicate with them in any way; because aside from any other consideration if they are not informed who the driver was then they cannot bring a case against ANYONE.

And though you may receive letters suggesting that you must/should name the driver, there is no obligation upon you to do so. This is a private company and has no authority whatever legally.

Beware of a poster with a long name who may come and tell you different. He owns a parking company and won't be coming to help you.

bondy_lad

just ignore these clowns and for your homework,,google,,,parking charge notice scam,,,then you will be reassured as to ignore everything on or behalf of this lot you recieve in the form of threat o grams/post.relax, feet up, glass of wine and if you have some more time ,,simply read the stickies,,there you go jobs a good un.

Kite2010

You have paid the landowner (NCP) the monies for the use of their car-park, so they have suffered no loss. Just ignore them.