PCCN after Oct 1st

taffy056

As a follow on the above, if they don't know who to sue, they also won't be able to add the popla charge onto the claim they could issue either, shame that the bpa says to add it on lol . Just makes it even more speculative.

bazster

The_Slithy_Tove wrote: »

Remember, though, while non-compliant council tickets are effectively dead in the water (though it often needs to go all the way to ajudication to force the point), a non-compliant private PCN only fails with respect to the POFA. It still carries as much weight as an invoice for breach of contract with the driver as it ever did (however much or little that weight is).

Correct. But consider this: supposing an RK appeals to POPLA on the grounds that they can't be held liable because the notice to driver (or keeper) was not correctly served. Further suppose that POPLA allows the appeal.

So, can they now pursue the driver (if they find out who it was), or is that ticket now dead in the water (the result of a POPLA appeal being binding on the PPC)?

I don't know the answer, it's another of the many mysteries about the half-baked POPLA system that will only be cleared up over time.

reallyangry

Hi again folks, not heard a thing off them yet, however I've been doing some reading, am I right in thinking that the terms and conditions should be displayed for the car park? I've checked everywhere and i mean everywhere in the car park in question and there's nothing anywhere apart from the daily rate which is displayed on a printed a4 sheet at the entrance and the manned booth where you pay to leave the car park.

taffy056

Well if there are no signs with the terms on them, there is no contract it's that simple, you can't agree to something if its not there.

Coupon-mad

reallyangry wrote: »

Hi again folks, not heard a thing off them yet, however I've been doing some reading, am I right in thinking that the terms and conditions should be displayed for the car park? I've checked everywhere and i mean everywhere in the car park in question and there's nothing anywhere apart from the daily rate which is displayed on a printed a4 sheet at the entrance and the manned booth where you pay to leave the car park.

Yes under the BPA Code of Conduct - there should be t&cs on signs in the car park.

If you want to fight back, you could report the breach to the BPA and DVLA but if you do, make sure it's by an anonymous email, different name (any name) and with attached photos of the car park.

Head it up as 'complaint against NCP for breach of BPA Code of Practice re signage'. Do not word it as an appeal nor mention details of the PCCN in question, just report the facts as a complaint about a breach and that you expect action to be taken.

I would encourage you to do this if you wish, partly because I know NCP already have complaints mounting up against them with the DVLA and BPA.

As far as NCP are concerned just play snap with their template letters against our 'PPC letter chains' sticky thread.

taffy056

Serious breach of signs carries 6 sanction points with the bpa, would be funny as hell if ncp gets barred from dvla access for a few months. But as they are the biggest player (I believe) it's not likely to happen.

http://www.britishparking.co.uk/AOS-Sanctions

hannah1976

Got a PCCN slapped on my windscreen for overstaying. Its frm NCP Limited. What should I do? Please help as my husband telling me to pay otherwise we'd have to pay £100 after 14 days. £50 is too much what should i do? its usuallu £1 / hour.

Was in similar situation two years ago - took advice from this brilliant website and ignored all the letters. That was Parking Eye.

trisontana

hannah1976 wrote: »

Got a PCCN slapped on my windscreen for overstaying. Its frm NCP Limited. What should I do? Please help as my husband telling me to pay otherwise we'd have to pay £100 after 14 days. £50 is too much what should i do? its usuallu £1 / hour.

Was in similar situation two years ago - took advice from this brilliant website and ignored all the letters. That was Parking Eye.

So why do you think it's any different with NCP? Just ignore. You don't owe them anything.

hannah1976

trisontana wrote: »

So why do you think it's any different with NCP? Just ignore. You don't owe them anything.

Thanks for the fast response. There's a board next to the paying machine and I'm sure it says the council owns the car park. The PCCN doesn't mention my council at all. Would it make a difference if the council did own it - but managed by NCP?

I'd have to go back and check.

There's that little voice in my head that's unsure. In the PCCN packet I also got a slip saying I can appeal to POPLA if my appeal is rejected.

Coupon-mad

hannah1976 wrote: »

Thanks for the fast response. There's a board next to the paying machine and I'm sure it says the council owns the car park. The PCCN doesn't mention my council at all.

Would it make a difference if the council did own it - but managed by NCP?

I'd have to go back and check.

There's that little voice in my head that's unsure. In the PCCN packet I also got a slip saying I can appeal to POPLA if my appeal is rejected.

NOPE it would make no difference because we know what a 'PCCN' from NCP is, and it NOT a real parking ticket at all. NCP do not even act for Councils (their separate sister company called NSL do but then they don't issue 'PCCNs'!!). NO NEED TO GO BACK AND CHECK AT ALL.

Try Googling 'NCP Parking Contravention Charge Notice ignore' and you will find ENDLESS threads on here and on pepipoo telling people to ignore it.

Only drag them to POPLA if you have a good case you reckon that should be 'exposed' (such as you did pay for a ticket but it slipped down on the dash or summat). And only drag them to POPLA if you go into the whole thing in the CERTAIN knowledge that you still do not have to pay up even if POPLA don't find in your favour. The decision is only binding on the PPC, not the motorist - nice twist!! Then you could just revert to 'plan B = ignore the last few desperate threatograms!

When I got my first fake PCN (5 years ago) my OH would probably have been naive enough to pay it - as he's pretty traditional and more likely to think someone in a high-vis jacket, with some official looking signage, 'must' have some sort of authority (LOL!!) than I have ever been. But he had no chance as I already knew it was a scam and was laughing at it as soon as I saw it!

Got another one this year and snorted with laughter again! He knew it was a scam by then but still thinks I don't pay these because of some sort of MSE loophole! :rotfl: