NCP Parking charge please help

Silly_Lizzy

Hi,
I have tried to read the very information packed sticky about the new legislation but I'm afraid my brain is on a go slow and it's just not sinking in to me So I'm hoping someone can help me make my brain work properly I don't think I have a claim against them as regards not working to the legislation, I'm not sure I have a claim at all?

I had a notice on my windscreen in September from NCP at my local railway station for 'not parked correctly within the markings of the bay space'. Put very simply, I had to catch the train to get to a work meeting, both car parks were full (a tiny council one and the tiny NCP one) and there are no other car parks anywhere near. I found a place that was not in anyone's way, but was not marked, and paid the correct amount.

I'm pretty sure NCP have followed the correct procedure from what I have read. I have now had a 'Keeper Liability Notice'.

So my questions are:
Do I have a claim? I read that mitigating circumstances were not good enough in the advice on the main site?

If I do, am I too late?

If not, what angle is likely to be most successful?

Thanks so much and apologies to those who have already tried to point me in the correct direction, I am seriously struggling to think straight and all the information seems to just be bouncing off of me I need someone to talk to me in plain English today

Coupon-mad

You are technically too late to appeal unless this letter was the first postal letter? I would appeal anyway as per the newbies sticky thread linked examples (in the middle of that thread, the dozen or so blue links of appeals).

And you should also send a complaint to the Train Operator (TOC) and to Passenger Focus who have helped a lot with train station fake PCNs. Of course you have a case - no-one should pay these! Your 'angle' is no loss caused and as a paying customer of the TOC you find this to be harassment. 'No loss caused' is not mitigating circs...and you are right you mustn't beg and try 'excuses' it's more about showing what NCP did wrong if you get to POPLA stage.

Info about complaining to the TOC or Passenger Focus is in the other sticky thread I wrote 'Successful Complaints about PPCs' post #3.

At all times, write ONLY as the registered keeper of the car, not implying who was driving (so no 'me/myself/I' - in fact no need to talk about the parking at all).

Silly_Lizzy

Thank you very much. I shall take a look at the other sticky now. about complaining to the TOC

Silly_Lizzy

I have been filtering through the stickies - there is so much information to take in! Thank you

Sorry for not answering your question - no this is the 2nd postal letter I've had from them.

Would the TOC be the company who operates the services from the station, or the station manager? I've also seen a mention of 'passenger focus'?

And I have just been looking on the NCP website as in my letter they claim to have ''photo grahic proof'' - they don't, it just states the same as the letter - but it has a link to appeal from there, is it worth appealing this way to NCP?

I'm still a little confused as to the wording I need to use in the appeal - I shall continue to shuffle through the stickies - are there any examples of letters where people have successfully claimed 'no loss'?

Thanks so much for your help, I'm so sorry that you're having to hand feed me through this so to speak

Redx

a TOC is a Train Operating Company , like east coast trains, arriva and virgin etc

Silly_Lizzy

OK thank you Redx

I have read not to reveal the driver in the appeal to NCP - but would this apply in the complaint to the TOC too?

Thanks

Silly_Lizzy

Should I appeal with NCP's online form? It seems to be too easy to be real, if you know what I mean! I'm thinking I should complain through the post too?

I feel like such a doofus! Does this say everything it needs to?:

I am the registered keeper of xxx.

The driver of the vehicle was a paying passenger at xxx railway station.

The driver paid the correct amount in parking charges as per the signage on the day, and any alleged incident of 'not parking within the markings of the bay' caused no loss, damage or additional costs to NCP or anybody else, making your attempted charge of £60 completely unjustified.

If this PCN number xxx is not cancelled I would apreciate you forwarding me a validation code for me to make a complaint via POPLA.

Coupon-mad

Yep that would do fine as a first appeal. Get it submitted online asap.

Then send a snail mail letter to the Train Operating Company at that station (the one with their name on the signage, there should be contact details too or ask the station manager who to send a complaint to). I told you about Passenger Focus (Google them) already in my first reply, they are good to complain to if the TOC don't reply to the complaint and/or if NCP say you are 'too late' to appeal.