PCN from railway station NCP (NTK received)

emcwill

Hi there, we’ve received a PCN from a train station NCP after parking to go away for a night. We forgot to pay after parking and then remembered the next day and paid by phone app. On arriving back at the car there was a PCN on the windscreen. We waited to get the notice to keeper, which arrived today. They do not know who the driver was. The OH wants to appeal but is convinced we can’t win this and will have to cough up. I have tried reading the very complex intro thread but it’s all about signage. If we did pay, but late, do we have a leg to stand on? Can anyone advise on the best way to proceed? Do I need to get this code that begins with P?! Sorry, I did try to read that thread but all a bit baffling and would be super grateful for help! Many thanks!

Fruitcake

Appeal using the template from post 1 of the NEWBIES thread. Copy and paste and send from The Keeper.

If/when it is rejected you should get a PoPLA code. You use this to make a second stage appeal as per post 3 of the NEWBIES and win.
Byelaws probably apply which means the scammers can't hold the keeper liable.

Your OH needs a whack round the back of the head from you. This is a scam. Even our MPs have called it a scam, so why would anyone even think about paying a scammer?
Even if the keeper lost at PoPLA, the decision is not binding on the motorist.

Please complain to your MP and the MP where the station is located if different.

Coupon-mad

On arriving back at the car there was a PCN on the windscreen. We waited to get the notice to keeper, which arrived today.

That's a shame, you should not have waited, but being a train station site, hopefully the NTK is not worded for keeper liability. You can check that yourself easily, compare it WORD FOR WORD to para 8 of Schedule 4 of the POFA.

The OH wants to appeal but is convinced we can’t win this and will have to cough up.

LOL, a registered keeper can win this one. You just need to send the template appeal from the NEWBIES thread, which gets you a POPLA code.

Then, copy a NCP no keeper liability (railway byelaws) POPLA appeal.

The win is all about not saying who the driver was. It is a cinch.

emcwill

Coupon-mad wrote: »

That's a shame, you should not have waited, but being a train station site, hopefully the NTK is not worded for keeper liability. You can check that yourself easily, compare it WORD FOR WORD to para 8 of Schedule 4 of the POFA.

Thank you! Sorry to be dim but where do I find this wording? I can’t see anything about keeper liability in the NTK.

Also, just to confirm I use that template despite the fact it talks about signage as the grounds for appeal, when our argument is we have paid, just late?

waamo

If it doesn't mention keeper liability then there is none. Providing you don't tell them who the driver was then you will win at POPLA with no keeper liability.

Fruitcake

It may not mention the POFA 2012 or keeper liability because they know that byelaws apply.

Yes, use the template exactly as it is. You are after a PoPLA code without giving away the driver's identity, and that's exactly what the template is designed to do.

You can post a redacted copy of the NTK here. Use a web hosting site then paste the URL here. Make sure the web hosting username is not someone's real name, and ensure there are no other personal images under that username.

Make sure VRN, name, address, and PCN/NTK numbers are all obscured.

If you can, get photos of the site and signs to help your PoPLA appeal.

Coupon-mad

emcwill wrote: »

Thank you! Sorry to be dim but where do I find this wording? I can’t see anything about keeper liability in the NTK.

In the NEWBIES FAQS thread where s4 of the POFA is linked...

our argument is we have paid, just late?

NO, YOUR ARGUMENT IS NOT THAT! Why do newbies keep persisting with trying to shoehorn their 'reasons' and 'story of what happened' into a winning template?

Redx

or to put it another way

THE KEEPER WINS ON A TECHNICAL KO

in which case who cares what the driver may or may not have done, as long as nobody blabs about who was driving , they have no case

yes it may seem complicated, so keep it simple and just do as we ask

no blabbing

use the blue text template with NO ALTERATIONS

appeal as keeper (not as driver)

win at popla on the usual technical points (not on what happened)


the NEWBIES FAQ sticky thread has everything you need to know, but takes some digesting

emcwill

Can I take a photo and post that with info blacked out?

KeithP

emcwill wrote: »

Can I take a photo and post that with info blacked out?

Yes, of course you can.

Redx

if you want, but it will have to be hosted on a site like tinypic and then a dead URL added to your reply, by changing http to hxxp