Stanmore Station NCP parking ticket

puregold72

Hi

Stanmore station carpark comes under TFL and is operated by NCP.

My wife drove in on 20/09/13 and was rushing with the kids to catch a train, got her ticket but can't of displayed the ticket the right way round, since then we have lost the ticket and sold the car. I was the RK of the car, and on 24/10 received a notice to keeper from NCP with a charge of £75 !!!

I ignored this and on 17/12 received a Keeper Liability notice. They tell me the contractual terms and conditions for use of the car park were clearly signposted, but on the PCN evidence website it shows a sign asking if you have paid and displayed.

No where does it mention Byelaw 14. no where does it mention TFL.

what should I do, £75 is too much for me to pay right now and the letter threatens me with a debt collection agency, they go on to say

who will seek to recover from you the amount outstanding as well as the debt collectors fees. Our debt collectors may take legal action against you which would include a claim through the county court for, parking charge, the debt collectors fees, the court costs and any interest which you may have accrued, should such a claim be successful a CCJ would be made against you which would affect your credit rating. If a CCJ is are a warrant of execution could be obtained and a court appointed bailiff instructed to enforce the warrant, which would incur additional costs.

I find the whole thing outrageous and distasteful, can someone please help me fight this as I find the tone of the letters harassing and distressing.

yours in hope

Dan

Redx

please note , :- Everybody feels that way about these parking charge notices, not just you , but that doesn`t alter the fact that up to now its all been about what YOU want versus what THEY want !

you wanted to ignore the PCN and the NTK, but as RK you have the responsibility in law of dealing with this, or reporting the driver to absolve you as RK

frankly, its not about what you want and never was, its about appealing and winning your case right from the start, but unfortunately you elected to make this harder for yourself by ignoring it all , this was your choice but now its come back to bite you as it inevitably would (because you should have asked for help here earlier and been more pro-active)

I believe you could have won this at popla, but you did not respond asking for that all important popla code , neither do you appear to have complained to the landowner or to passenger focus either

a DR agent cannot take you to court, only the landowner or creditor or their legally appointed agent can initiate court action

I am no expert on this but the first thing you need to do is read the NEWBIES - READ THIS NOW sticky thread at the top of the forum (4 down) and follow what it tells you you can do

this may well be to name the driver, reset the clock, appeal to the ppc, and then appeal to popla , as per the walkthrough listed in that sticky thread, but only if that option is available to you, as it may not be

sorry to be so blunt, but better to know what are the facts right from the start, and truth hurts but so does ignoring these letters

this tells you why they do as they do, but you need to become more proactive in this, your opening a thread is the start of that process

so read this too https://forums.moneysavingexpert.com/discussion/4835943

hope this helps, am sure you will get better advice than mine but I gave you your basics here, the starter for ten, but if you thought this was hard it would be worse if it did go to court, more work and stress for you anyway !

so this is NOT about what YOU want, its about what YOU can DO halfway down this bumpy road as its almost impossible to turn back !

regards

ps:- if no pcn was affixed to the windscreen on 20/09/2013 then it appears they were out of time with the first NTK on 24/10/2013 as you should have received it within 14 days, but if your wife DID have a pcn on the day it started then they correctly issued the NTK, which was when you should have appealed and got a popla code

this is the sort of stress and mither you are trying to avoid https://forums.moneysavingexpert.com/discussion/4784029

bear in mind what he says about not ignoring letters, going to popla etc , would have been much easier, although he won in the end as it didnt go to court

Coupon-mad

puregold72 wrote: »

Hi

Stanmore station carpark comes under TFL and is operated by NCP.

My wife drove in on 20/09/13 and was rushing with the kids to catch a train, got her ticket but can't of displayed the ticket the right way round, since then we have lost the ticket and sold the car. I was the RK of the car, and on 24/10 received a notice to keeper from NCP with a charge of £75 !!!

There can't be ''keeper liability'' in a railway car park unless no byelaws apply at that site (rare). Where is Byelaw 14 mentioned, in their original ticket? They can't have it both ways! It's EITHER ''Byelaws land'' (if you like) where keeper liability doesn't apply to a private PCCN, or it's ''relevant land'' under POFA 2012 where keeper liability applies if a PPC jumps through the right hoops (which NCP won't have done).

I would respond as such, to NCP, in a late challenge 'there is no keeper liability at this site as it's not relevant land under POFA 2012 and there has been no genuine pre-estimate of loss, and you do not have any legal standing since NCP doesn't own this car park'.

I can't understand why you ignored it and didn't check current forum advice for 2013? You could have -m and should have - followed the simple advice about appealing and winning at POPLA, in the ''Newbies read this First'' thread and as discussed on this forum almost all year. But read that sticky thread now anyway as it covers appeal wording (appeal anyway, as keeper, not stating who was driving). And it covers debt collector letters, where I tell people to appeal anyway...it's all covered in the stickies. Did you not read them before posting?

And read 'Successful Complaints about PPCs' another 'sticky' thread where there's info about complaining to the TOC and Passenger Focus about this harassment. And complain to the BPA Ltd and to the DVLA (email addresses are on the sticky thread). Especially if NCP are alleging 'keeper liability' and 'byelaws' both at once; they cannot just muddy the waters like that!

No idea why a fake parking ticket 'PCCN' from NCP is 'distressing' except if you are taking it far too seriously and didn't realise that they don't do court and just do debt collector letters...More distressing (for us here) is the fact you could have cost them £27 when you would have won at POPLA appeal but instead you ignored them and are now on the back foot and having to rely on complaints and a late challenge. You don't actually PAY them though!