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NCP pcn

Hello everyone

I wonder if you could all help me. I have received a letter from NCP saying I owe them £100 for a parking charge for being parked without clearly displaying the valid pay and display ticket. I actually only received the receipt part from the machine with the bit to stick it to the windscreen, the only ticket in the machine was for a car prior to me . I did presume the receipt was the ticket though and just printed out oddly and stuck that to the window and thought nothing of it. I have photographic evidence.

The letter states that the dvla gave them my details and they had sent me a notice to keeper (not received). It says it is too late to supply another named driver or to make representations against it but as I used what was provided to the best of my ability and paid the fee for the use there is no way I should pay this. I was advised to ignore it but I have heard the laws have changed recently too regarding private car parking. Someone said to me that legally they can only charge me up to the revenue they would have lost which mixed with the fact there were plenty of empty spaces and I paid the fee in full would make their claim 0 if that is right. I would appreciate anyone that could help let me know if that is correct and give me any other advice as I object to paying £100 for something I paid the £5 fee for and tried to deal with correctly.

Thank you to anyone in advance

Comments

  • Umkomaas
    Umkomaas Posts: 44,127 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you read the NEWBIES FAQ sticky? It will give you all the latest information you need.

    How long ago was the parking event?

    Bottom line - only a Judge can order that you pay this. NCP don't 'do court', well not since their Mr Nigel Barrington-Fuller was ripped a very expensive new one by Mr Recorder Lowe QC (over £100 grand!) in a private parking case against James Mayhook.

    http://www.davidmarq.com/bama/Mayhook-V-NCP%20Judgement%20transcript.pdf

    Proof of the pudding:

    http://www.bmpa.eu/companydata/National_Car_Parks.html

    Over 100,000 tickets issued over the past 2 years and only 2 court cases (undoubtedly nothing to do with private parking).

    Likely you'll next get debt collector letters - no need for panic, they're powerless, and the NEWBIES Sticky covers these too.
    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
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    nb:- the law didnt change recently

    POFA2012 came in during october 2012

    the CRA2015 came in during 2015

    the BARRY BEAVIS case concluded in late 2015 at the Supreme Court in london and this changed the way that the charges are thought about in law (unfortunately)

    just read and follow the advice in the NEWBIES sticky thread near the top of this forum

    IGNORE has not been advised since march 2013

    if a claimant can prove to a judge that the charge is "valid" (concionable) then the jusge can find that up to £100 (and certainly up to £85) should be paid

    in future, dont listen to people with no idea about how this sc@m works or what the laws or rules may be

    read parking pranksters blogsite to get an idea of just how wrong your ignorant "friend" is
  • mr_b_2
    mr_b_2 Posts: 24 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for the replies guys, I'm still a bit lost about what you think I should do though.

    The letter does mention it being handed to a debt collection agency, I feel I am in between stages with them saying its too late to make representations but they haven't set the debt collector stage yet so not sure exactly what I do at this present moment. Especially as I didn't get the last letter the current letter refers to

    Umkomaas - The parking event says it was in January near the beginning

    Redx - thanks for the info though in law terms I would have said 2015 was fairly recent lol I don't know what you mean about in future don't listen to people as this wasn't the case. The only bit of advice I got was that someone said they thought the revenue lost was all they could claim for and the empty spaces nearby suggested they hadnt lost out but I was best checking this up which is what I have done here but not had an answer to as of yet
  • Coupon-mad
    Coupon-mad Posts: 158,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just send the usual BPA appeal anyway online to NCP, the one in the NEWBIES thread. Do it as if it wasn't too late, not saying for one second who was driving or what happened. No 'me, myself, I did this...'!!

    The only bit of advice I got was that someone said they thought the revenue lost was all they could claim for and the empty spaces nearby suggested they hadnt lost out but I was best checking this up which is what I have done here but not had an answer to as of yet
    That's why 2015 isn't recent, things have changed a lot in 2 years, because the argument about 'no loss of revenue' or 'no genuine pre-estimate of loss' went in the bin in the decision made in the ParkingEye v Beavis case at the Supreme Court on 4.11.15. So that advice is old/no good.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • mr_b_2
    mr_b_2 Posts: 24 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Coupon-mad wrote: »
    Just send the usual BPA appeal anyway online to NCP, the one in the NEWBIES thread. Do it as if it wasn't too late, not saying for one second who was driving or what happened. No 'me, myself, I did this...'!!


    That's why 2015 isn't recent, things have changed a lot in 2 years, because the argument about 'no loss of revenue' or 'no genuine pre-estimate of loss' went in the bin in the decision made in the ParkingEye v Beavis case at the Supreme Court on 4.11.15. So that advice is old/no good.

    Brilliant, thanks for that. The too late part when I hadn't received the letter threw me a bit but I will try anyway.

    That's really interesting about the 2015 thing, at least I know the advice was previously relevant at least lol
  • Coupon-mad
    Coupon-mad Posts: 158,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Try appeal as keeper anyway then ignore NCP if they don't offer POPLA.

    DO NOT say who parked if they write and ask, do NOT phone, do NOT contact the daft debt collectors!

    If you get a POPLA code come back for advice but apart from that this is no big deal, only NCP who never dare sue anyone since the Mayhook case where they crashed & burned and lost a huge sum in costs.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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