NCP PCN - ANPR appeal rejected

waduhek

Hi all,

I parked my car in an NCP car park that uses ANPR, you then pay before you leave. I've parked in this car park on many occasions, but recently received a parking charge notice in the post claiming that I failed to pay for my parking.

I submitted an appeal stating that I had evidence of payment in the form of a bank statement, showing that £12 was paid to NCP on that date. I didn't have an actual receipt as the machine that you use to pay is absolute garbage and is almost always unable to print receipts. I also questioned their evidence as all they provided was a photograph of my car which showed nothing other than the fact that I entered the car park on that day which I believed to be insufficient, and asked for copies of all evidence which they used to come to the conclusion that I hadn't paid.

They rejected the appeal, issuing the following response (conveniently ignoring the evidence I'd supplied, or the fact that I'd questioned theirs):

"Re: [blank] issued at Cardiff Adam Street CP (CCTV) on 22 February 2018 to vehicle with registration mark [blank]

Thank you for your recent correspondence regarding the above notice number. We have considered the case carefully and have decided to reject your appeal on the following grounds;

The Automatic Number Plate Recognition service has recorded that the parking session for your vehicle was not paid for within the stipulated time.

Please be advised we have been unable to trace a payment matching your vehicle registration. Please note that there are machines that accept card & cash, also there is a pay by phone option for customers to pay. Payment can also be made via the veri-park website until midnight.

The Terms and Conditions of which our services are provided are clearly displayed on entrance and throughout our facilities, including the requirement for motorist to ensure valid payment is made for the vehicle. We are confident that all signage and the PCN are compliant with all industry standards and to the British Parking Association's code of practice to which we subscribe."

So now I need to take this to POPLA. I've been reading through numerous threads and noticed that it is advised to make the popla appeals super long, but most of the examples argue all sorts of things such as the signage being bad, the company not owning the land etc etc. All I really want to argue is that I paid the parking fee and have proof of this, so the appeal will be really short, is that likely to hinder me in any way? NCP have not accepted the bank statement as proof so what if popla don't accept it either?

Thanks

Fruitcake

Use the fact that payment was made as one of your appeal points. Use every other template point available to you from post 3 of the NEWBIES thread as well. The more points you put, the more chance you have of beating this scam.

Post your draft here for checking before you submit it.

What happened when you complained to the landowner?

Please also complain to your MP and Sir Greg Knight MP about this unregulated scam.

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

fisherjim

I assume you probably made a mistake when entering your VRN, PPC's love this they can can scam more money out of people.

POPLA will side with the PPC if you state you paid and NCP say they have no record of your VRN because you failed to comply with their T&C's.
A Judge would probably disagree who knows but it's very unlikely to get to court.

You need to use the usual POPLA technical arguments signage etc, don't throw it away.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.