PCN from railway station NCP (NTK received)

emcwill

I’ve now received a rejection email to my first appeal, thus:

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;

At the time of issue, the Parking Attendant could not find details of a payment made by our Cashless Payment Service.
We have searched for using this system, and although you had made a payment, the Parking Charge Notice had already been issued.

As such our parking attendant could not have been aware of your intensions to pay for parking later on in the day, and so was correct to issue the notice. We must stress that payment for your parking session should be made prior to leaving your vehicle.

Please note, to date you not have provided a serviceable address for the driver of the vehicle, therefore if this is not provided you, as the registered keeper of the vehicle, are liable for the Parking Charge Notice.

The Supreme Court has dismissed the appeal in the ParkingEye v Barry Beavis case. The decision provides clarity on the use of contract law for parking on private land. The ruling supported the view of the Court of Appeal judges in April 2016 and that of Judge Moloney that the charge should be an effective deterrent.

The judgment confirms that the current charging level is lawful and reasonable and motorists parking on private land must comply with the advertised terms and conditions. The Supreme Court effectively concludes that the BPA's Code of Practice for parking on private land is a good and fair model.
To view the photographic evidence please log-in via https://www.ncp.co.uk/pcn which is the same location as you made your appeal from. If you are unable to view the evidence, please contact us.

The Terms and Conditions of which our services are provided are clearly displayed on entrance and throughout our facilities, including the requirement for all motorists to pay in advance for their parking. 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.

You now have the following options;
Pay the Parking Charge Notice at the discounted amount of £50.00 within 14 days. Please note that after this time the Parking Charge Notice will increase to the full charge of £75.00.
Payment can be made:
* Online, by visiting https://www.ncp.co.uk/pcn
* By sending a cheque or postal order, made payable to National Car Parks Ltd to: National Car Parks Ltd. Notice Processing, PO Box 839, Northampton, NN4 4AL.
* By Debit or Credit card (except American Express). Please call 0345 452 7780 and have your card details and the information held in this letter to hand.

Alternative, you can make an appeal to POPLA - The Independent Appeals Service. If you wish to make an appeal to POPLA the forms are available on the website at https://www.popla.co.uk.
The verification code you will need in order to appeal to the Independent Appeals Service is ******. Please note that if you opt for independent arbitration of your case you will lose your opportunity to pay the discounted offer and the full amount of the parking charge will apply. Your appeal to POPLA must be made within 28 days of the date of this letter, any appeals to POPLA made after the 28 days will not be assessed. The independent adjudicator is unable to waive the parking notice because of mitigating circumstances and a decision will be based on facts and evidence only. If you have any trouble in appealing or cannot access the website please contact us on 01604 625 622.

By law we are also required to inform you that Ombudsman Services (https://www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.
Yours sincerely,
Notice Processing Team
NationalCarParks

Obviously they don’t know who was driving and I assume what they say about keeper liability is rubbish because posters on here said the PCN didn’t have the POFA wording? So my last question (having read the newbie thread about POPLA appeals and done some searching) is, do I just c&p the example linked to in that thread about driver/keeper liability etc here: https://forums.moneysavingexpert.com/showpost.php?p=71287626&postcount=2342 or do I need to c&p a template about railway byelaws? Or both to make it longer?

Thank you so much!

waamo

Talk about byelaws and the fact it isn't relevant land for POFA anyway. POFA doesn't apply where byelaws are in place so if they don't have a drivers name they can't use keeper liability.

See recent winning appeals and use the usual appeal points from those as well. It's a belt and braces approach but POPLA aren't the sharpest tools in the box at times.

In fact I think there are times when they aren't even in the box.

Coupon-mad

Well done on your win you just posted on POPLA Decisions!

https://forums.moneysavingexpert.com/discussion/comment/74962510#Comment_74962510

waamo

The biggest surprise is that they gave a POPLA code. They new they would lose so I can't figure out why the gave one.

Castle

waamo wrote: »

The biggest surprise is that they gave a POPLA code. They new they would lose so I can't figure out why the gave one.

Probably hoping the OP would mess up their appeal and/or fail to submit it on time. (Of course a "no contest" is free and that also saves them time and money in providing any evidence).