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NCP ANPR Crawley Boulevard West - My Story and One Question

noodlegunk
noodlegunk Posts: 5 Forumite
edited 17 August 2018 at 9:04PM in Parking tickets, fines & parking
Hi all,

I just want to share my story of an ANPR PCN issued by NCP just to contribute to the information out there. The driver (who shall definitely remain anonymous) of my vehicle drove into Crawley Boulevard car park operated by NCP. The car park was very busy and it was impossible to find a space. By the time a space was found (less than 10 minutes), the driver wanted to examine the Terms and Conditions to decide whether or not they wanted to form a contract with NCP.

However due to the positioning of the Terms and Conditions sign, the driver would have had to have stood in the entranceway to the carpark in the road (no pavement or refuge area), and put themselves, and others, at risk of injury or death in order to read the sign. The nearest safe place to read the sign was across the entranceway, approximately 4 or 5 meters away.

After 5 minutes of dodging traffic and squinting, the driver was not able to safely read the Terms and Conditions, and so decided to leave the car park and not form a contract.

A few days later, as keeper of this vehicle, I received this letter in the post (sent 23 May 2018):

- NCP's PCN NTK ANPR Letter (tried to post a link to a redacted letter, but MSE won't let me as I'm new -

I appealed using the template given in the newbies thread (thank you btw!). NCP however turned my appeal down, sending me this letter and supplying a POPLA appeal number (sent 30 June 2018):

- Can't post links as I'm a noob -

I was going to appeal to POPLA, but life kept getting in the way and I never got around to doing it, and a month later I got this letter (sent 30 July 2018):

- Reminder letter from NCP that charge is outstanding.... etc. etc. -

I then started gathering evidence so that I could put together a POPLA appeal, but before I could do so I received this letter from Trace Debt Recovery UK Ltd (sent 15 August 2018):

- Can't post links as I'm a noob -

The sentence at the bottom says that I am too late to appeal the original parking ticket, and that "In line with industry standards the next available level of dispute resolution would be the county court". There was no mention of POPLA. I read the newbies thread, but couldn't find anything on that...

So my ONE question: Is that correct?

Cheers,

The Keeper ;-)
«1

Comments

  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 August 2018 at 9:34PM
    Yes, they are right. The next level of dispute resolution is the County Court.

    I am surprised you found nothing about that in the NEWBIES FAQ sticky thread. The second post in that thread is devoted entirely to that topic - from Letter Before Claim to any hearing and beyond.


    And post #4 of that same thread tells you exactly how to deal with debt collector's letters - like those from Trace Debt Recovery et al.
  • Coupon-mad
    Coupon-mad Posts: 147,928 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yeah - definitely too late for POPLA - but it's only NCP!

    :D
    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
  • KeithP wrote: »
    Yes, they are right. The next level of dispute resolution is the County Court.

    I am surprised you found nothing about that in the NEWBIES FAQ sticky thread. The second post in that thread is devoted entirely to that topic - from Letter Before Claim to any hearing and beyond.

    And post #4 of that same thread tells you exactly how to deal with debt collector's letters - like those from Trace Debt Recovery et al.

    *sigh* Yes, you're right. I don't know how I missed that yesterday. There's sooo much information there, and I was skipping parts that didn't apply to me. Looks like I skipped too much... as for dealing with the debt recovery letters, I'm not fretting about them. I'll just ignore them and won't bother with a response.
    Coupon-mad wrote: »
    Yeah - definitely too late for POPLA - but it's only NCP!

    Hi Coupon-mad, I just wanted to say thank you for compiling all that info in the newbies thread. It's a gold mine. I'm only sorry I seemed to have missed a chunk out. TBH, it's a wall of text with lots of different formats and links, and it can be difficult to figure out if something applies or not - just my opinion. Ever considered writing a book? I'd buy it for sure! :T

    What do you mean by 'it's only NCP' ? To me they are a big parking company, and I'm a bit nervous of that. Do you mean to say that they roll over easier than others?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    noodlegunk wrote: »
    *sigh* Yes, you're right. I don't know how I missed that yesterday. There's sooo much information there, and I was skipping parts that didn't apply to me. Looks like I skipped too much... as for dealing with the debt recovery letters, I'm not fretting about them. I'll just ignore them and won't bother with a response.



    Hi Coupon-mad, I just wanted to say thank you for compiling all that info in the newbies thread. It's a gold mine. I'm only sorry I seemed to have missed a chunk out. TBH, it's a wall of text with lots of different formats and links, and it can be difficult to figure out if something applies or not - just my opinion. Ever considered writing a book? I'd buy it for sure! :T

    Nobody concerns themselves about Trace, they are only
    timewasting money junkies

    https://forums.moneysavingexpert.com/discussion/5859454/debt-collectors-drp-zzps-what-they-dont-want-you-to-know&highlight=debt+collectors+drp

    What do you mean by 'it's only NCP' ? To me they are a big parking company, and I'm a bit nervous of that. Do you mean to say that they roll over easier than others?

    Yes NCP are a big company but that does not mean they
    cannot, be beaten and this forum does beat them and the
    very dodhy legals they are currently using

    Next step is to see what NCP do and then that's where
    this forum will help you zap them
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Keep all your evidence. Look upon county court as the final
    appeal, judges are fully aware of the parking scam and
    will probably take a different view to NCP 's scam appeal
    and the incompetent POPLA
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    fisherjim wrote: »

    Bear in mind fisher, BWLegal seem to have wriggled in on
    NCP ....... the mind boggles with that lot.

    Maybe NCP don't know what they are letting themselves
    in for
  • I was hoping I wouldn't have to revisit this forum (I mean that in a nice way), but I have been ignoring the debt collector's letters (Trace) and now suddenly I get the following letter from BWLegal:
    Our Client: National Car Parks Limited Date of Contravention:
    Account Number: Balance Due: £160.00
    Vehicle Registration:

    Contravention Description: Parked without payment of the parking charge
    Contravention Location: Crawley etc etc...

    We have been instructed by National Car Parks Limited (NCP) and TRACE Debt Recovery UK Limited in relation to the Balance Due for the above Parking Charge Notice (PCN”).

    The Balance Due of £160.00 includes the PCN charge plus Our Client’s initial legal costs of £60.00, which are detailed in the car park or signage terms and conditions, Our Client’s terms and conditions are clearly displayed in our client signage.

    As you have failed to make a payment or raise an appeal within 28 days from the date of the PCN, the Balance Due remains outstanding and we require payment in full within 16 days from the date of this letter, If you fail to make payment or provide reasons for non-payment within the specified timeframe, we will seek Our Client’s instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules.

    County Court Proceedings
    In the event County Court proceedings are issued, you may be liable for Court fees, further solicitors’ costs and statutory interest. If Our Client successfully obtains a County Court Judgment (“CCJ”) against you, then a CCJ may be recorded on your credit file for 6 years unless you satisfy the CCJ in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit and may affect your employability. Our Client also reserves the right to commence enforcement proceedings against you for recovery of the Balance Due.

    What do you need to do next
    It is important you contact us to resolve your account. We are keen to work with you and one of the quickest ways to review your account is to register on our Customer Portal by visiting . Through our Customer Portal, you can make a payment, advise us of any disputes against the PCN, upload documentation to support your dispute and communicate with us via web chat.

    Call us today on 0113 323 4479 if you would prefer to discuss your account with one of our helpful team.

    Only problem is the letter is dated 12th October, so I'm pretty sure I've missed the 16 days due to being abroad and not being able to deal with it. So it looks likely that I will be served with an LoC soon.

    What are my options here? Wait for the LoC and then formulate a response? Or go to their online portal and dispute the PCN that way anyway?

    Or, if I want the monkey off my back, can I name the driver to 'reset' the whole thing, so the driver then only pays the fine - or is it too late for that?

    Many thanks in advance
  • the signage was designed to be read whilst in your car entering , not stood on a bit of grass in the middle of the road "4 or 5 meters away."
  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    noodlegunk wrote: »
    What are my options here? Wait for the LoC and then formulate a response?

    Yes, that's exactly what you do.

    Back in August the guidance you were given can be summarised as "ignore everything until you get a Letter of Claim".
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