NCP POPLA Appeals turned down - what now

JuliaO

Hi All
I have been reading many threads with interest but am in a situation where both my initial appeal via NCP and recently POPLA have both been turned down. I realise now that I have been a bit naïve with my appeal responses hoping that common sense would prevail.
I parked in a NCP carpark at Osterley Station in April, paid for my parking and was shocked to receive a PCN 6 weeks later stating that I hadn't paid for my parking. Luckily I still had the receipt and it clearly became apparent what the problem was:
The carpark in question had changed to ANPR (previously it was the old fashioned buy a ticket and place in car window) and I was requested to input the last 3 digits of my number plate.
I correctly entered the information and pictures of potential cars were shown to me on the screen and I chose the car I believed to be mine and paid the appropriate fee. On checking the receipt however I noticed that the ticket stated M64 XXX when my number plate is MW64 XXX.
I have provided NCP and POPLA the receipt as evidence and also proof from my bank account that I paid for a days parking which I believe should be sufficient proof that I paid for parking that day, however on both occasions my appeal has been turned down. I have also highlighted that the number plate I paid for and is listed on my receipt does not exist on the DVLA database and therefore believe that there is an inaccuracy in the ANPR system at this car park.
Now that both appeals have been lost I am unsure where I can now turn; I do not want to pay the £100 fine in principle as I purchased a car parking ticket, however I do not want to deal with the prospect of bailiffs etc. Is it still worth going back to NCP requesting for their evidence that the number plate I paid for exists; my belief in hindsight is that I did choose the correct car from the potentials provided on the car parking machine but their ANPR and software was faulty and dropped the W from my number plate. Any advise you could provide would be very much appreciated

The_Deep

If this gets to court, which is highly unlikely, who is the judge likely to believe, an upright citizen, or a well known scammer?


https://www.thesun.co.uk/news/3864962/car-park-giant-ncp-slapped-down-by-judge-after-trying-to-claim-vat-on-2million-in-overpayments-by-frustrated-motorists/

Redx

nothing you can do until it gets before a judge (within 6 years)

no bailiffs will "come round" , you have been watching too much tv

had you paid close attention to those tv programmes , you would know they have a CCJ in their hands when they call (a court order, from a court , signed by a judge)

so if you go to court , and if you lose , pay up , in full , promptly, and certainly within 28 days

then there is no chance of a CCJ , so no chance of bailiffs , so you are scaring yourself without good reason , probably due to ignorance of how the MCOL system works, so please read up on it

JuliaO

Hi
Thank you for your comments; I maybe wasn't clear enough in my post however. I understand that bailiffs can't visit as such at this stage but expect a number of threatening letters will arrive shortly.

Is there any point in my writing to TfL who are the actual owners of the land I parked on? I won't be paying the 'fine' but don't look forward to this hanging over me for potentially the next 6 years.

nosferatu1001

Yawn, threatening letters. Debt collectors do nothing, theyre no threat at all.
Pretty sure TfL have not allowed NCP to sue, and NCP dont sue anyway, last I saw.

The_Deep

Is this land covered by bye-laws? If so some reading

https://www.google.co.uk/search?sourceid=navclient&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=tailway+bye-laws+car+parking+fines&gws_rd=ssl

JuliaO

Thank you for advice. I have gone back to car park today to see what it says. No obvious signs refer to byeways although they do state that the car park is managed on behalf of London Underground by NCP.

Handbags-at-dawn

Have a look at this FIOR:-

https://www.whatdotheyknow.com/request/tube_station_car_parks#incoming-1011604

You'll see that a) Osterley station car park is subject to byelaws; b) NCP are not authorised under their contract to go as far as court proceedings.

Umkomaas

NCP are not authorised under their contract to go as far as court proceedings.

With 180 pages to plough through and the search function not working - well not on my iPad - do you have a quick reference to where about the confirmation of the above is contained please?

DoaM

Umkomaas wrote: »

With 180 pages to plough through and the search function not working - well not on my iPad - do you have a quick reference to where about the confirmation of the above is contained please?

I can't see the HTML version (Connection was reset) and the PDF is a scanned version so is an image format. (Hence why search doesn't work). I've ran it through Acrobat's OCR but it still doesn't really help - I don't know what to search for. (Court doesn't yield anything useful).

Coupon-mad

It's just NCP. Ignore them. I've collected debt collector letters myself, years before POPLA ever existed (people didn't panic then, and there is no need to panic now). The NEWBIES thread post #4 tells you about ignoring the debt collector letters and laughing at them!

You just missed a trick with a badly-advised POPLA appeal. You would have won without a doubt, 100% win rate v NCP, had you come here earlier (so remember that next time!).