NCP ticket from matalan which was shut

Dazmund0

Hi all, been reading some great advice here.


Basically issued a notice for a Sunday night parking in a matalan car park.

This was back in December and it hadnt come to ny attention due to them posting in plain junk mail envelopes. I know this aint an excuse!

So ive rightly kicked up a fuss but never disclosed the driver.
Euro ncp say i cant appeal it as its with debt collectors who are threatening £145!!!!.

A mate of mine says they have to prove a loss... Though im struggling to find one when its shut?

Also the signage is not lit at night to which the anpr clearly shows it to be nighttime. Its only on the building of the store and not as you enter the park, the driver genuinely didnt see the sign.


So im guessing the actual landowner is the loser not euro ncp or am i wrong? I cant appeal so was thinking of going the matalan route on the basis of the ticket being completely unreasonable at that time.

Oh and thank god this is being changed in law since i looked at the signs the other day and unbelievablely are smaller print then the standard to drive... Absolute cowboys.

Any advice is greatly appreciated

Darren.

Dazmund0

I cant seem to edit my post so apologies but ive replied to them as registered keeper only. i recieved the debt letter first after 58 days of the allegation... So went down the 56 day path unbeknown another letter was sent just before xmas which i found today .. So does it make it exempt or is the debt recovery letter of court action still to late for them to actually do anything? So technically Theve complied with the 28 day intial, but the debt recovery to keeper was 58 days

Redx

they have 6 years to try a court case and there are no "technical exemptions"

if they fail to comply with certain laws like contract law, POFA2012 etc then they may well fail in a court case , but there are no guarantees

your m8 is wrong , they do not have to prove a loss, they have to prove that a contract was entered into by a driver, who that driver was, or push the liabiulity onto the keeper

technically, the driver was trespassing

BARRY BEAVIS overstayed in a free car park, no loss was incurred and he lost 3 times in 3 courts to 11 judges so tell your stupid m8 to google the name , BARRY BEAVIS

Dazmund0

Im aware of the beavis case but that was during open hours. To prove a trespass they have to prove a loss incurred to the landowner.
Ive also been reading that the trespass to get to court has to be towards the driver not the owner.

Dazmund0

Ahh you edited it! Thanks

Coupon-mad

A mate of mine says they have to prove a loss..

You mate is WRONG.

NCP are not alleging trespass; they allege 'contract'. Luckily, it's only NCP, ignorable.

Or is it?

Euro ncp

Who? Euro Car Parks? Same applies, neither sue. Nowt to worry about.

Redx

it is the landowner or their legally appointed agents that can allege trespass and take somebody to court, not the parking company

the parking company are alleging breach of contract, if they can prove a contract existed at the time of this pcn being issued

a judge would decide the outcome in civil court

the ppc is either NCP or ECP, not whatever you wrote

Dazmund0

Apologies confusion its euro car parks... The onus is on the company to prove at that time the driver (who they dont know) would have entered into that contract yes? It was parked in there purely as the driver didnt believe such contract existed as they didnt see it as it was not lit. The worst thing about it is that they went across the road to a party and could have moved it anytime knowing this contract existed. It was a sunday and i know that road has ample parking it was just a place the driver knew to park as it would be empty... I see why now! But at the time... Nope.

Also am i right in saying with the beavis the claim was against the company keeping some sort of maintenance upkeep for the retail parks in general? Matalan is on its own and everyone knows its shut sunday nights.

So would euro car parks end up trying to get me to court?

KeithP

I wrote this post less than ten minutes ago:

http://forums.moneysavingexpert.com/showpost.php?p=73918080&postcount=4

Look around you. See what's going on.

Dazmund0

Oh daaaamn those stats after ticket. Gotta be really unlucky. Thanks for the clarification

Dazmund0

Sorry keith but thanks, was still typing on this when you posted it