Postal PCN, open air NCP car park, Cardiff

ell33

I'm after a bit of advice re a postal PCN we received (on day 15) from NCP after my wife pulled into their open air car park in Adam Street, Cardiff. She parked up for no more than 10 minutes as our baby was upset and needed feeding. Naively she didn't think she needed to pay so left, the vehicle registration was captured on their anpr cameras. Interestingly, the NTK merely says that no parking fee was paid and provides photographic proof of the vehicle entering and leaving, although the time and date stamp are blurred out. My question is, in the opinion of the experts on here, do we have grounds to appeal using one of the template letters on the newbie sticky or should we take any other form of action?

Guys_Dad

Date of contravention ?
Date on your NtK (not date you received it) ?

How long are they claiming you were in the car park?

pappa_golf

no Date you RECIEVED the ticket (deemed to be delivered in "xx" days, not POSTED)

ell33

It happened on Wednesday November 25 and we received the NTK in the post this morning, the 15th day after. The form doesn't say how long she was parked up, just that no payment was made. The times are blurred out on the anpr photos too

The_Slithy_Tove

ell33 wrote: »

It happened on Wednesday November 25 and we received the NTK in the post this morning, the 15th day after.

DATES please!! "15th day after" is too open to interpretation.

You'll need to be reminding NCP about the grace period they must provide.

ell33

Sorry! The contravention was November 25, we received the NTK December 10

ell33

Anybody have any advice for me?!

Guys_Dad

Well, despite you not telling us the date on the NtK, which is the relevant date for POFA, it looks like they have probably passed the POFA requirements.

If your wife believes that she is entitled to stop somewhere for a few minutes - 10 is your estimate - and that does not constitute parking, then she is wrong. So let's get that clear. She used a pay facility and didn't pay.

So you want to find a way to avoid the charge. Well, here at least you have our help as the charges are ridiculous.

To win, you need to use the technical arguments set out in the Newbies thread. The whole basis of the defence rests on the PPC not following the Code of Practice, POFA and any other points TO THE LETTER.

Read the NEWBIES thread carefully and construct your appeal. Best if you flash it up here first though.

ell33

Thanks. The contravention was Nov 25, date on the NTK is Dec 7, posted Dec 9 and we received it Dec 10.

Guys_Dad

ell33 wrote: »

Thanks. The contravention was Nov 25, date on the NTK is Dec 7, posted Dec 9 and we received it Dec 10.

OK NtK in time, I am afraid.

So now you need to look carefully at the standard technical appeal points and also at the last few pages of the POPLA DECISIONS sticky.

GPEOL is now a tarnished point since Beavis. Signage is still good, but if you want to claim that the signs are non-compliant or that the NtK is not POFA compliant either, then you should point out exactly where they fail rather than just accusing the PPC of failing.

You will find the BPA Code of Practice here that covers both signage and POFA NtK requirements.

http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

Castle

ell33 wrote: »

Thanks. The contravention was Nov 25, date on the NTK is Dec 7, posted Dec 9 and we received it Dec 10.

Do you have proof that it was sent on the 9th because POFA2012 requires the date sent (posted) to be included on the NTK. (Para 9(2)(i)).

The NTK is then deemed to have been delivered two working days later; (Para 9(6)), which will be the 11th and out of time.