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paid in car park and now a fine???

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Hello I'm a newbie. Posted elsewhere but believe wrong thread
We paid to park in a NCP car park Next to underground station. Do hold a disabled blue badge but no concessions there so paid £5 as requested.
That was 26 /07/ 16
Today husband/ driver received a parking fine letter from NCP saying he did not pay. £60 fine or £100 if not paid within 14 days.
The charge machines were new/different to usual ones there and didn't issue a receipt. OH asked lady behind and she said no receipt issued it's done by vehicle reg.
we think Surely the machine would be over by £5 and can they possibly trace it?
What should we do now please?.
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Comments

  • Castle
    Castle Posts: 4,802 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is it possible the wrong reg number was put in?
  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Surely the machine would be over by £5 and can they possibly trace it?
    Don't hold your breath on that one - no one is going to check back on records for you, sorry.
    What should we do now please?
    Please read the NEWBIES FAQ sticky near the top of the forum threads' list, one page back from here, use the Forum Jump button to navigate there.

    You do need to read and understand that sticky as you will have to do a bit of work to try to get rid of your problem. We will help and guide you, but won't be able to do it for you, so the more knowledge you gain about how to deal with this, the better you will handle it, and the more likely you will be successful. The sticky is very detailed, but for the moment post #1 (and #2 for explanation of acronyms) is all you need to get your head around at this stage.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The vehicle number came up automatically and was correct. Thanks.
  • Castle
    Castle Posts: 4,802 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The vehicle number came up automatically and was correct. Thanks.
    Thanks

    If it's a NCP car park near the underground it may be subject to TFL Byelaws; you may want to check the "Car park Asset List"
    https://tfl.gov.uk/corporate/transparency/#on-this-page-11
  • Thanks Umkomaas Have read the sticky acronyms.
    Didn't get a windscreen notice. Just this one received today in post.

    What next ?
  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks Umkomaas Have read the sticky acronyms.
    Didn't get a windscreen notice. Just this one received today in post.

    What next ?

    You need to read more than the sticky acronyms. Post #1 of the sticky explains the process of appeal you now need to follow.

    Did the letter from NCP have photos of your car number plate as you entered the car park and when you later left the car park? Is the letter headed 'Notice to Keeper' and does it speak of 'keeper liability' under the scope of the Protection of Freedoms Act 2012 (PoFA)?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thank you for your guidance. I did read the rest of sticky too but difficult to understand.
    The letter does show photo of car and number plate when we entered car park but NOT on leaving.

    It is headed ANPR postal notice to Keeper (with correct name and address says from DVLA record) Says posted 18 Aug but we got it today 23rd.

    It says breach of car park terms for Failing to make payment upon exit from an ANPR approved device controlled car park.
    However we paid at machine on entering car park as required. ?

    I can't see 'keeper liability' anywhere on letter or reference to POFA 12

    Your further help/guidance will be much appreciated. Thanks. LL
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    POFA = Protection of Freedoms Act 2012. If that isn't mentioned anywhere on the notice, yet it has been sent to the vehicle keeper, then they have no claim in law.

    Send them the blue text appeal wording from the NEWBIES thread, post #1. You could also add:

    x) The driver confirms that they paid the required sum for the stay in question. They used the payment machine, it displayed the correct vehicle registration mark, and the required payment was made. [A copy of the payment receipt is attached.] It is clear that the payment machine has malfunctioned in some way if this payment has not been recorded. As such this PCN has been issued in error and so must be cancelled.

    [Delete the part in brackets if no such receipt is available]
  • Machine didn't issue a receipt. Woman behind us said she was a regular user of car park and it doesn't issue receipts. It uses the reg number?

    We didn't know any different as not a regular user.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Such machines often have an option to press a button to get a printed receipt. Never mind - just remove the part in [ ] :)
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