NCP Court Action

AlexisV

Do you know if any of the tickets mention railway bylaws and look like this?

Matt246

Hi Alexis,

No, my tickets do not mention railway bylaws but instead say "Parking Contravention Charge Notice", Notice of breach of terms and conditions of parking at a car park owned or managed by NCP Ltd"

ncpscam

Check the back of the ticket - NCP have been issuing notices that state "this car park is operated in accordance with the Railway Byelaws..." despite the fact they don't. Even this year, long after byelaws stopped applying.

If your ticket has this on the back you may wish to consider whether this falls under the definition of fraud by false representation, contrary to s.2 of the Fraud Act 2006. If it did then whoever issued it may be guilty of a serious criminal offence, and anyone who tried to pursue ticket might be aiding and abetting the original offence.

I would suggest anyone who has paid an NCP or other car park operator ticket with that on the back (or on the front as they used to put it there to) at a railway car park writes to them to ask whether at the date of the notice being issued Railway Byelaws were in force and, irrespective of whether they were, what powers they had to enforce them. The answer will probably be not/none, especially if issued after April 2011 for NCP.

You may then wish to suggest they refund whatever you paid, plus interest and your costs. MSE might even want to organise a class action given that this may have been going on for some time.