PCN @ Brentwood Station

zafiradad1980

In July I had to go into the city (I usually work from home) and ended up having to park a the train station.

I paid for the parking using Ringo the night before.

When I arrived at the station (after dropping my kids at nursery) the only spaces were a few hundred all grouped together at the far end.

I parked in the first available one and went to the office.

When I came back I had a ticket to say that I was parked in a permit holders area only.

I waited for the letter from NCP and in the meantime noticed a news story in the local paper that said the parking company are to reduce the number of spaces that are permit holders only (I can't post the link as a newbie).

Anyway, I have appealed to NCP and been rejected and now am wondering whether to appeal to Popla or to cave.

Any advice?

Was I in the wrong parking there?

The_Slithy_Tove

Appeal to POPLA, of course. Plenty of collateral to use for your winning appeal. Does any of the paperwork you have received from NCP mention (a) Railway Byelaws and/or (b) Protection of Freedoms Act.

Dee140157

Read the newbie thread post 3 for how to win at POPLA.

Umkomaas

The_Slithy_Tove wrote: »

Appeal to POPLA, of course. Plenty of collateral to use for your winning appeal. Does any of the paperwork you have received from NCP mention (a) Railway Byelaws and/or (b) Protection of Freedoms Act.

and/or (c) penalty charge!

zafiradad1980

The Notice to Keeper I received mentions:

Schedule 4 of the PFA 2012.

No Railway byelaws are mentioned and neither is there mention of a Penalty Charge.

zafiradad1980

I've now received an evidence checklist from NCP (that they have provided to Popla) in whicih they state I was parked in a permit holders space.

As part of the checlist (section Registered Kepper details and liability trail) they have stated:

The driver appealed this parking Charge Notice within 28 days from the date the natice was isseud. As dirver details had been established at this stage it was not necessary to pursue the registered keeper, as such the Keeper details were not requested or obtained from the DVLA.

Is that as it should be? At no time has anyone accepted or admitted being the driver of the vehicle

Also, is there anything else I could provide to Popla?

Coupon-mad

Yes email POPLA with your verification code and 'Urgent further submission before decision' in the subject line. Point out that you have now read NCP's evidence and, just because the keeper decided to email when they knew about the PCN, does not mean that the driver appealed. No admissions have been forthcoming regarding who was driving and none will be made - you appealed as keeper throughout, therefore there can be no keeper liability. Not only that, the NTK mentions the POFA 2012 which does not apply to land with byelaws prevailing (such as a train station car park) so they have misled you throughout.


I thought you said you waited for the NTK first and didn't appeal early?

zafiradad1980

I did wait and handled this as specified in the sticky.

Coupon-mad

So they DID get your data from the DVLA and you got a letter first? So why are they saying:

The driver appealed this parking Charge Notice within 28 days from the date the notice was issued. As driver details had been established at this stage it was not necessary to pursue the registered keeper, as such the Keeper details were not requested or obtained from the DVLA.

You need to email POPLA to point out this isn't true at all and you think they have left the sentence there by mistake after another POPLA appeal!

Umkomaas

You need to email POPLA to point out this isn't true at all and you think they have left the sentence there by mistake after another POPLA appeal!

Surely NCP aren't using template/copy and paste evidence packs to POPLA? They're worse than those pesky forums.

Hot_Bring

As we seem to have a moron stopping proper threads being displayed ..... bounce.