Ncp refused appeal

dollypeeps

I parked in ncp 7//12/13 and paid relevant ticket charges by cash. Obtained ticket from machine and placed on dashboard. Upon return I found a pcn attached to my windscreen ( strangely enough over the ticket on the dashboard) stating that I have not clearly paid and displayed a valid ticket.

I have appealed in writing to ncp and they have refused my appeal on the above grounds. I gave them a copy of the ticket to which they replied " you have provided me with a transaction receipt and I cannot accept this as a valid pay and display ticket". This was the only ticket I obtained from the machine.

They have given me a popla number if I wish to take it further.

I have read stickies and templates and am now rather confused.

Maybe I've read too much tonight.

Please could someone post me a link of the right template please.

Karen x

kirkbyinfurnesslad_2

this should help you
https://forums.moneysavingexpert.com/discussion/4816165

dollypeeps

Thank you I will look through that tomorrow. Feeling quite stressed now.

Karen x

Coupon-mad

It's easy, just read 'How to win at POPLA' linked in the 'Private Parking ticket? Newbies please read this first!' sticky thread near the top. Then show us your draft POPLA appeal based on those examples. Was it a railway station? The link I mention has suitable examples.

Did you already give away who was driving though? It's not great if you did but not terrible either. Just means you threw away a good appeal point. We have others!

Did you know we win every POPLA appeal - have done since Easter 2013? Sleep easy, you will win this in February, no worries.

spacey2012

just make sure you follow the GPEOL advice, include the ticket, but dont expect POPLA to allow the fact you paid and have the proof to be taken seriously, that goes against the ethics of popla.

dollypeeps

Thanks coupon mad I have read that thread but will go through it again to see if I can find the relevant template as that's what I'm looking for. Yes it was a railway station.
As for admitting that I was the driver, I suppose the fact that I wrote to ncp in the first place to appeal puts me in that position.?.?

Thanks Karen x

dollypeeps

Thank you spacey. I was thinking of writing along those lines. I paid the full amount and the ticket was visible on the dashboard. Its disgraceful and disheartening to know that popla not take the ticket as proof. They are supposed to to be independent.
The ticket (as I'm sure all tickets do) States use sticker on back to fix to windscreen but I'm not sure the signs in the car park do. If they state display the ticket clearly, which I did on the dashboard, surely that is a contravention of their terms?!?!

Thanks Karen x

Coupon-mad

dollypeeps wrote: »

Thanks coupon mad I have read that thread but will go through it again to see if I can find the relevant template as that's what I'm looking for. Yes it was a railway station.
As for admitting that I was the driver, I suppose the fact that I wrote to ncp in the first place to appeal puts me in that position.?.?

Thanks Karen x

Depends what you said. 'I parked' or 'I displayed' would have given away who was driving but we would have advised 'the permit was displayed and the driver parked...'

I am asking because if you have said 'I parked' then you have thrown away an appeal point which was that as registered keeper you were not even liable on railway land. Just wanting to check because there's a whole appeal paragraph written around this fact for railway, Airport and Port/Quay car parks where byelaws take precedence instead of POFA2012.

DO NOT send an appeal to POPLA about the ticket and dashboard issue, a complete no-no, except in passing, because that would lose on its own!

Never mind, you need to win on 'no GPEOL' and no landowner contract.

The_Slithy_Tove

dollypeeps wrote: »

I paid the full amount and the ticket was visible on the dashboard. Its disgraceful and disheartening to know that popla not take the ticket as proof. They are supposed to to be independent.
The ticket (as I'm sure all tickets do) States use sticker on back to fix to windscreen but I'm not sure the signs in the car park do. If they state display the ticket clearly, which I did on the dashboard, surely that is a contravention of their terms?!?!

In your POPLA appeal, forget all of that, except the first bit, "I paid the full amount." You paid, they got the money, therefore NCP's losses are zero. This no pre-estimate of loss will be the key winning point of your appeal.

Also, when looking at the templates and examples, be wary of the "no right to offer parking contracts" element that often comes up. NCP own a lot of their car parks. if it's one of them, then this point will not be able to be used. Your challenge is to work out whether it's a car park they own or not.

Coupon-mad

I don't think NCP own railway car parks - I would put the point in that they do not and then the burden of proof shifts to NCP. But the OP will win on 'no GPEOL' anyway.

dollypeeps

Coupon mad ....

Please find enclosed a copy of a pcn (no cp xxxxxx) together with a copy of the paid ticket for the sum of £7.30 bought at 8.19 am on 7-12-2013.

I believe that this paid ticket allows me to park at the station car park for the day. This ticket was clearly displayed on the dashboard having fallen off the windscreen.

Given the above information and enclosed paperwork, I believe that I would not have to pay the parking contravention fee. I look forward to your reply.

This was the first letter I sent to ncp although my dh sent the original ticket off instead ( I do have a photocopy tho).

They then wrote back requesting evidence, a copy of the valid ticket.

I simply photocopied their letter and returned this with a note written on the bottom with photocopied ticket enclosed. I guess this did not appeal to their better nature.

Given the above , I have not said that i drove or I parked, just I displayed

Thank you Karen x