Help Postal PCN, BPA Member - NCP

inkypinky999

Hello,

I have read the newbie thread on Parking charge notice.

I got my notice on 02/10/17 in post from NCP, the notice was issued on 27/09/2017 with date of offence 09/09/1977, they have provided photographic evidence of car entering the parking and car leaving the parking 19 minutes apart. They are demanding £100.00 (or £60.00 if paid in 14 days)

How shall I approach to handle this situation?, the facts is that I entered the car park but didn't parked in a bay and waited outside bay for my family to come and we then went, the wait would have been around 15-20 min.

As per newbie thread are these the right steps

Step 1. Check if NCP is BPA registered - YES

Step 2. Online Appeal to them as per template provided

Dear Sirs

Re: PCN No. [MY PCN Number]

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

[My Name as Keeper & Address]

My question is when should I send this appeal, now or wait for day 26 to submit the appeal ?

any help/guidance much appreciated.

KeithP

inkypinky999 wrote: »

My question is when should I send this appeal, now or wait for day 26 to submit the appeal ?

Send it when you like. There is no point in delaying when it's not a windscreen PCN.

inkypinky999

KeithP wrote: »

Send it when you like. There is no point in delaying when it's not a windscreen PCN.

thank you Keith, I will submit it online tomm. [& keep screenshots for records], also as I have not identified the driver , do I need to mention the fact about

"waiting in car park and not using the parking bay" ?

regards,

KeithP

inkypinky999 wrote: »

thank you Keith, I will submit it online tomm. [& keep screenshots for records], also as I have not identified the driver , do I need to mention the fact about

"waiting in car park and not using the parking bay" ?

regards,

Send the blue template just as it is.

I would suggest that 'waiting in the car park' is parking.

Thus parking 'not in a bay' is probably not what you want to say.

Do not feed them with any information.

inkypinky999

thanks I have sent the appeal day before yesterday and now awaiting decision. Will keep posted here on what is the outcome

inkypinky999

Dear All,

I have got this response for my appeal today, 14 days after the appeal was submitted, what is next recommended course of action. I will need help with drafting a POPLA appeal.

rgds,
inks

Dear XXXXX,


Re: Parking Charge Notice Number XXXXX (Vehicle: XXXXXX)

Site: XXXXXXX
Issue date: 27/09/2017

Thank you for your appeal received on 11/10/2017 regarding the above detailed Parking Charge
Notice, we have reviewed your case and considered the comments you have made. Your appeal has
also been considered in conjunction with the evidence gathered by our Automatic Number Plate
Recognition cameras, which record your entry and exit times. Our records show the notice was
correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking.
We are therefore unable to cancel the Parking Charge Notice as it was issued correctly. We have now
extended the discounted payment period by a further 14 days to allow you time to pay the discounted
settlement amount. Please now make payment of £60 to reach us by 08/11/2017 or £100 to reach us
by 22/11/2017. We must advise you that once the discounted settlement rate passes it will not be
offered again.

[text about how you can pay]
You have reached the end of our internal appeals procedure. NCP will not assess further appeals in
relation to this matter. However, in line with our Accredited Trade Association (ATA) membership we
are required to provide you with an Independent Appeals Service. If you wish to appeal your case
further you can now only do so to Parking On Private Land Appeals (POPLA) provided by Ombudsman
Services on instruction of the British Parking Association.
All information on how to appeal to POPLA is provided on their website; https://www.popla.co.uk you will need
the following 10-digit verification code to submit your appeal; XXXXXXXXXXXXX.

Please note that should you wish to appeal to POPLA you must do so within 28 days from the date of
this letter. If POPLA reject your appeal you will be liable for the full amount of this PCN. The discounted
amount will not be reinstated under any circumstances. POPLA will also not asses a case that has
been paid prior to the appeal being received by them.
By law we are also required to inform you, Ombudsman Services (https://www.ombudsman-services.org)
provides an alternative dispute resolution service (ADR) that would be competent to deal with your
appeal. However, NCP have chosen not to participate in their ADR service and as such should you
wish to appeal further you must do so to POPLA as detailed above.

KeithP

inkypinky999 wrote: »

Dear All,

I have got this response for my appeal today, 14 days after the appeal was submitted, what is next recommended course of action. I will need help with drafting a POPLA appeal.

Then read post #3 of the NEWBIES sticky/pinned thread where there is plenty of guidance on constructing a POPLA appeal.

Coupon-mad

the notice was issued on 27/09/2017 with date of offence 09/09/1977,

Wow that's a loooong time!

Seriously, I assume you mean 2017 and that means the PCN was not served in time to hold a keeper liable. So make your first appeal point the fact that NCP cannot hold you liable due to the late NTK.

Then point #2 will be the template about the appellant not being shown to be the individual liable (driver), then no landowner authority, then dodgy signage (all pre-written, deliberately long templates in the NEWBIES thread post #3).

Put it all together and show us first. This is easy stuff, already written for you.

inkypinky999

Coupon-mad wrote: »

Wow that's a loooong time!

Seriously, I assume you mean 2017 and that means the PCN was not served in time to hold a keeper liable. So make your first appeal point the fact that NCP cannot hold you liable due to the late NTK.

Then point #2 will be the template about the appellant not being shown to be the individual liable (driver), then no landowner authority, then dodgy signage (all pre-written, deliberately long templates in the NEWBIES thread post #3).

Put it all together and show us first. This is easy stuff, already written for you.

yes typo it was 09/09/2017, the letter i got was on 27th Sept.
thanks for the pointer i did not knew there is a limit in terms of when the PCN should have been submitted.

I will read through newbie post #3 and search for "NCP Popla appeal" through forum to comeup with template letter, i will be doing this on sunday as supporting cubs tomm., sat.

Redx

in theory you have 28 days to submit a popla appeal

this might stretch to 30 days and at the limit possibly 33 days

so it really should be done asap, if not before , not on sunday

it is done using the popla site choosing OTHER , uploading as a pdf and put SEE ATTACHED APPEAL etc

inkypinky999

Redx wrote: »

in theory you have 28 days to submit a popla appeal

this might stretch to 30 days and at the limit possibly 33 days

so it really should be done asap, if not before , not on sunday

it is done using the popla site choosing OTHER , uploading as a pdf and put SEE ATTACHED APPEAL etc

Does 28 days start from the day my appeal was rejected ( which was 24th oct 17) or from when the first letter was posted which was 27th Sept received on 29th Sept.

Rgds