NCP send NTK after 14 days. Plan to appeal

nezza

I received a NTK via post after NCP Ltd used ANPR to issue a PCN for an event that occured on 21st September (I am the registered keeper, but was not the driver)

I have received two nearly identical PCNs from NCP Ltd, apparently for the same offence!

One of these has a date of posting of the 8th October, the other the 9th. It is my understanding that this is beyond the 14 day requirement under POFA (2012)

Also, the letters only give a specific time of the incident, not a period, so there is no proof as to how long the vehicle was "parked"

I plan to appeal both using the following (I'm only using the failure to meet the 14 day requirement)

Do you think this is OK to send to NCP's appeal process?


BTW, thanks to user stevejohnston who's successful POPLA Appeal post I've plagiarised!

Many Thanks, Nezza


Re PCN number: CPxxxxxxxx

Vehicle Registration: XXXXXXX


I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn.

I submit the points below to show that I am not liable for the parking charge:
The Notice to Keeper is not compliant with the POFA 2012 – No Keeper Liability.
With regards to the notice that was posted to the registered keeper of the vehicle, you have attempted to establish keeper liability under Schedule 4 of the Protection of Freedom Act 2012. However, you have substantially failed because you have not fulfilled the second condition for keeper liability and subsequently not complied with the fundamental requirements set out in POFA 2012.
The wording in the Protection of Freedoms Act (POFA) 2012 is as follows:
''Right to claim unpaid parking charges from keeper of vehicle:
4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle. (2) The right under this paragraph applies only if
(a) the conditions specified in paragraphs 5, 6*, 11 and 12 (so far as applicable) are met;
Of which paragraph 6(1)(b) states:
6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
(b) has given a notice to keeper in accordance with paragraph 9.
And paragraph 9 (4)(b) states:
(4)The notice must be given by—
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
And the ‘relevant period’ is in paragraph (5):
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.”
The PCN was issued on 21st September 2018. The specified period ended on 6th October 2018. The date of posting of this notice was 9th October 2018 and the date notice is given is 11th October 2018.
As a result, National Car Parks Ltd has no lawful authority to pursue any unpaid parking charges from the registered keeper, and there should also be no discretion on this matter, as if keeper liability conditions are not fulfilled – then keeper liability simply does not apply.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service.

Yours faithfully,
My Name
My House
My Town

Fruitcake

It is not what the regulars normally recommend here, but it looks OK to me.

Day 14 would have been the 5th not the 6th.

You should state that you were not the driver if this was the case.

Are the PCN numbers the same on both NTKs? If so, complain to the BPA and DVLA that NCP are trying to claim money from the keeper twice for the same alleged event.

Please also complain to your MP and the MP where the alleged event took place about this unregulated scam.

nezza

Different PCN numbers!

I counted 14 days staring the day after the "incident", is that not correct then?

Good idea about reporting them to BPA/DVLA

Many thanks

nezza

I sent this as my appeal letter to NCP:

Re PCN number: CP1234567A

Vehicle Registration: AB12CDE


I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn.

I submit the points below to show that I am not liable for the parking charge:
The Notice to Keeper is not compliant with the POFA 2012 – No Keeper Liability.
With regards to the notice that was posted to the registered keeper of the vehicle, you have attempted to establish keeper liability under Schedule 4 of the Protection of Freedom Act 2012. However, you have substantially failed because you have not fulfilled the second condition for keeper liability and subsequently not complied with the fundamental requirements set out in POFA 2012.
The wording in the Protection of Freedoms Act (POFA) 2012 is as follows:
''Right to claim unpaid parking charges from keeper of vehicle:
4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle. (2) The right under this paragraph applies only if
(a) the conditions specified in paragraphs 5, 6*, 11 and 12 (so far as applicable) are met;
Of which paragraph 6(1)(b) states:
6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
(b) has given a notice to keeper in accordance with paragraph 9.
And paragraph 9 (4)(b) states:
(4)The notice must be given by—
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
And the ‘relevant period’ is in paragraph (5):
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.”
The PCN was issued on 21st September 2018. The specified period ended on 6th October 2018. The date of posting of this notice was 9th October 2018 and the date notice is given is 11th October 2018.
As a result, National Car Parks Ltd has no lawful authority to pursue any unpaid parking charges from the registered keeper, and there should also be no discretion on this matter, as if keeper liability conditions are not fulfilled – then keeper liability simply does not apply.

Additionally, I have received a second charge for the same alleged incident, PCN 1234567A

I will be making a formal complaint about your predatory conduct to your client landowner and to my MP, appraising all parties of the debate where Parliament agreed: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''. Firms of your ilk were unanimously condemned as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and that 'we make it up most of the time' (BBC Watchdog).


Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service.

Yours faithfully,
Name
Address

About a week later I received this reply:

Re: CP1234567B issued at Portsmouth Market Way CP (CCTV) on 21 September 2018 to vehicle with registration mark AB12CDE

Thank you for your recent correspondence regarding the above notice number.

We encourage the responsible, safe and considerate use of our parking facilities by all our visitors, and occasionally we have to enforce these standards by issuing a PCN. On this occasion we have authorised the cancellation of this notice.

No further action is required from you in respect of the PCN, Please note that all appeals are considered on their merits and that future appeals may not result in the cancellation of the PCN.

You may now treat this matter as closed.

Yours sincerely,

Notice Processing Team
National Car Parks

Happy Days :j

Thanks for the help :money:

Coupon-mad

LOL, good news and well done!