Parked in Staff Bay in error

Wywth

bobbuild wrote: »

I recently parked in Chester Station Car Park and inadvertently parked in a Staff Parking bay. The car park was almost full and I admit I didn't notice the road marking "Staff Parking".

Please, do get your eyes professionally checked somewhere. Next time it may be a child playing that you fail to notice :eek:

Stroma

Wywth wrote: »

Please, do get your eyes professionally checked somewhere. Next time it may be a child playing that you fail to notice :eek:

And that is helping how ?

Coupon-mad

Mistral001 wrote: »

There seems to be many different types of firms issuing tickets. In my brief time on this thread there seems to be three types:

1. Legitimate car park management firms who have all the charges worked out and work in close association with the owners. They might actually own the car parks themselves.

2. Those firms that have some sort contract with owners but are greedy or just do not know anything about basic contrat law and put in the proverbal boot with regard to charges for parking in the wrong place.

3. Firms who go onto car parks, uninvited by owners and hand out tickets to people. The owners of the car parks do not prosecute for trespass as they are getting free traffic wardens sorting a out a problem for them.

There is pretty much no such thing as 1) or 3), except:

1) could describe an NCP car park where they actually own it. But the threads on here are not about that sort of car park because you usually pay by machine and have an exit barrier in those car parks.

3) The only case I can think of was this guy, it's a criminal offence of fraud:

http://www.dailymail.co.uk/news/article-2112229/Conman-fake-parking-tickets-home-tried-convince-150-motorists-send-payment-him.html

No other cases like that EVER seen on here in the years I have been posting.

Your description of 2) describes ALL PPCs that I can think of, every one.

bobbuild

I have now received communication from NCP, "Re Parking Charge - Notice to Driver", which gives me 2 options - pay the amount outstanding (£60), no chance... Or make a representation against or challenge the issue of the PCN, I did that at the outset and it was rejected..... They then threaten putting this in the hands of a debt collection agent.
As this is clearly not a fine, it is clearly called a parking charge throughout the letter, and as I paid a full weeks parking charge when I originally parked, I cannot see how NCP pursue this. I am inclined to reply to the effect that I paid in full to park and made a perfectly reasonable offer in my original challenge to the PCN and that if they (NCP) continue with the actions they outline I will take action against them harassment.
I would be interested to hear comments from those of you with more experience of these issues than myself.

Stroma

On your rejection, did they tell you about popla or give you a code to appeal there?

bobbuild

Yes, the email mentioned POPLA and there is a verification code. I haven't responded to it. I was under the impression that it was pretty much a waste of time.

Stroma

Well it is up to you, we can help with a popla defence if you decide to go that route, or you can ignore them completely, both have advantages and disadvantages. There is no loss to NCP though, so they will have a job justifying their charges with a court if it went there.

Popla you can just ignore the outcome if you lose. Though some seem to think that increases the chance they will try a small claim if you ignore, we are yet to see one going there in that circumstance.

bobbuild

I guess I may as well go down the POPLA route then so that I have covered all bases. I presume it is pretty straightforward.

Guys_Dad

bobbuild wrote: »

I guess I may as well go down the POPLA route then so that I have covered all bases. I presume it is pretty straightforward.

I am usually with Stroma and coupon-mad in advocating using POPLA where appropriate, but before doing that, you need some valid reasons for your appeal.

First of all, you will see a sticky that Aaron Aardvark has posted re POPLA decisions so far. Have a read.

Secondly, see his post on page 1 here of the PPCs who seem to be issuing tickets and those who let them slide. https://forums.moneysavingexpert.com/discussion/4526847

According to that list, NCP are "sliders", so that may help you weigh up your decision.

Thirdly, think about what grounds you are going to use as your appeal. POPLA indicate the 4 they accept. Add to that any procedural errors that NCP may have made as well as the standard appeal based upon their lack of occupancy and right to charge.

That's why you might need some help from us here, but you would need to check out their signage against that in the BPA COP here
http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf

concentrating on the section headed Signs and appendices B & C

Do have a good read.

nigelbb

NCP are terrible for signage. All that I have seen breaches the BPA CoP. Same goes for both their tickets (Notice To Driver) & letters (Notice To Keeper).

Don't forget the other questions for POPLA e.g. providing details of the contract in force between PPC & landowner.