NCP Parking Fine - Final Notice Help!!

harrrymischa

I don't know who owns the land and they haven't provided proof they do

And I know the period I was parked there they were trialing the cashless system but don't know when it was implemented, should I add that in?

pappa_golf

1: try the planning office or similar to find who owns the land , NCP do own a lot of their own carparks


2: the BPA state that if there is a change of circunstances (cashless?) , then clear signage and even a grace period should be allowed during the transition period


and


3:
your first post stating that you could not find a paypoint , is sort of contradicted by your last post saying "they were trialing the cashless system " the last time you were there , should have given you a clue to the lack of payment machines


don,t place all your eggs in the "they don,t own the land" thing , or you could be shot down in court , and have no backup

harrrymischa

Thanks I will contact them.

I can question when the cashless system was introduced in my appeal but the only evidence I have is from there website that states there recent trial of the system was successful and it has now moved over permanently


I only found out it was a cashless system when I received the fine and went online to find it was cashless hence the no pay points. I won't be mentioning I saw no cash point to pay in my appeal.

pappa_golf

I would have thought that lack of paypoint or clear instructions of the changeover would be high on your list


unless you thought that NCP have turned all nice n cudley and were offering free parking?

Coupon-mad

You should read the POPLA appeal point examples shown in 'POPLA Decisions' this month (start at the end of that sticky thread, at the top of this board) and use them too, where applicable (several of them are relevant or stronger than you have there).

Show us a longer draft, we know NCP will throw in the towel if you submit a long 'forum-style' appeal.

harrrymischa

Hi Guys

Ive taken 'most' of your advice on board and re written my appeal, see below! the only thing missing is Ive emailed the DVLA for the details of when NCP have asked for my credentials as i think they may have asked later than they should of because i received the final NTK in August and they claim they sent me 2 letters prior to this so i think they may have been out of time when they asked but i mean if not I'll just take that part out!

Please let me know if this is good to go?

I am in receipt of a letter addressed to myself at my home address, dated the XXXX, from National Car Parks Limited (NCP). The letters refers to my “recent correspondence” regarding Parking Charge Notice – XXXXXXX and I have been given the option to pay the fine of £100.00 or make an appeal to POPLA and I am exercising my right to appeal. The letter states that the grounds for parking charge notice is because an Automatic Number Plate Recognition service has recorded that a parking session for my vehicle was not paid for within the stipulated time. The date of this alleged incident at Bromley the Mall NCP has been given as XXX May 2016.



I believe I am not liable for the parking charge because:


1. The Operator has failed to adequately identify the creditor to whom the parking charge is due as required by the Protection of Freedoms Act.
The operator has not provided any evidence to show who the driver was, in order to peruse a driver for an unpaid charge there must either be admittance by the driver or some other form of independent evidence to substantiate the claim.
As the keeper of my vehicle, I decline, as in my right, to provide the name of the driver at the time of the alleged breach. As the operator has neither named the driver were I submit I am not liable to any charge.
2. The operator failed to issue a Notice to Keeper and only a Final Notice to Keeper was received on the 19th August 2016.
The operator advises a first notice to keeper was sent out on the 13th June and then a second reminder sent on the 29th July however I was not in receipt of any of these notice to keepers and only received a final notice to keeper on the 19th August. The operator has not provided any evidence to state they sent the Notice to Keeper and second reminder within the stipulated time. Therefore the operator has not fulfilled the 'second condition' for keeper liability as defined in Schedule 4 and as a result, they have no lawful authority to pursue any parking charge from myself, as a registered keeper appellant. There is no discretion on this matter If Schedule 4 mandatory documents are not served at all, or in time then keeper liability simply does not apply.

Where a notice to driver was not issued a notice to keeper must be delivered to the registered keeper’s address no later than 14 days. As this operator has evidently failed to serve a NTK, not only have they chosen to flout the strict requirements set out in PoFA 2012, but they have consequently failed to meet the second condition for keeper liability.
Clearly I cannot be held liable to pay this charge as the mandatory series of parking charge documents were not properly given.
(ADD IN WHAT THE DVLA RESPOND HERE)


3. The Operator has not supplied any evidence to support they have the authority to contract myself at the site in question. I require proof of ownership of the land or any contract from the land owner providing such authority.
Paragraph 7 of the BPA code of practice defines the following mandatory requirements.

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out:

a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d who has the responsibility for putting up and maintaining signs

e the definition of the services provided by each party to the agreement
I cannot be held liable to pay this charge until the operator has shown they are following the BPA code of practice as stated above and they have the authority to contract with myself at the site in question with the proof they are entitled to peruse these charges in their own right.
4. The operator has not provided any evidence of the signage that was in place on the date of the alleged breach or if it is compliant with all industry standards and to the British Parking Association’s Code of Practice.
The operator is registered as an approved operator scheme (AOS) member with the British parking Association (BPA) and the operator states that all signage is compliant with the BPA’s code of practice. The operator has not provided any evidence of signage that was in place on the date of the alleged breach.
On the operators website for Bromley the Mall found here: xxxxxxxxxxx

NCP quote ‘Our recent technology trial at our Bromley the Mall car park has been a huge success, so cashless parking is becoming permanent at Bromley’ The operator has not specified when the cashless parking trial became a permanent way to pay, at what point the trial was implemented and what signage was apparent at the date of the alleged breach that made drivers aware of the changes and if this change to parking payment terms was shown at a low height at the entrance on the driver’s side, free from obstruction which is compliant with all industry standards and to the BPA’s code of practice. Without evidence of the signage at the date of the alleged breach how can the assumption be made I am liable to pay this fee if there was not adequate signage regarding a change to payment terms NCP have stated.
Furthermore, the British Parking Association also state ‘you may use ANPR camera technology to manage, control and enforce parking in private car parks as long as you do this in a reasonable manner, Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for’
The operator has not provided evidence they are following the BPA’s code of practice by informing drivers they are using this technology and what they will be using the data for.


[FONT=&quot]On the basis of my appeal points and the lack of evidence to support the claim being made by NCPI respectfully request that my appeal is upheld and the charge is dismissed accordingly.[/FONT]

Coupon-mad

in order to peruse a driver

should be:

in order to pursue a driver

I would also be looking to tell POPLA in what way the NTK you did get, does not comply with Schedule 4.

kimsforum47

Hi I had a final notice to pay £100 when I didnt even have a ticket on my car yet they sent me letter a couple of months letter with photographic evidence of the ticket on my car ...on that day I put 5 coins in the machine and it never printed any ticket so I left a note in the window clearly saying what happened ...my appeal got rejected ....this company NCP is playing clever...with pcn's'

Coupon-mad

kimsforum47 wrote: »

Hi I had a final notice to pay £100 when I didnt even have a ticket on my car yet they sent me letter a couple of months letter with photographic evidence of the ticket on my car ...on that day I put 5 coins in the machine and it never printed any ticket so I left a note in the window clearly saying what happened ...my appeal got rejected ....this company NCP is playing clever...with pcn's'

NCP isn't at all ''clever'' and they are dead easy to beat at POPLA stage as long as you don't just write a *normal* appeal about what happened (that was not a good plan for first appeal either as you will have told them who was driving! Toes shot off, but no big deal, it's only NCP).

You need to climb off this old thread from 2016, stop reading old postings and read today's threads, we have dozens every single day. This one is SIX MONTHS OLD!

My signature below tells you where to click in the trail>above>that>looks>like>this>in>tiny>writing>along>the>top...