POPLA Appeal turned down for paying at NCP

bcooper77

Hi

Some advice for the exasperated.

Back on Sun 21st May I parked at Canons Park station carpark - an NCP carpark. I purchased an all day ticket for my parking.

I received in the post some time later a parking fine notice from NCP showing that I parked at the carpark - which I did, and stating that I had not paid,
I appealed the fine, unfortunately I no longer had the ticket from the machine, but I paid by card so provided evidence of my transaction paying NCP £1.60 for parking. The transaction details did not include a location - only NCPs company location.
My appeal was refused and I was referred to POPLA if unhappy - which I was.
I appealed to POPLA, including evidence of the transaction, showing that I had paid £1.60 to NCP.
POPLA have rejected my appeal. They did so on the basis that I could not prove the location that I paid, and that the charge for Canons Park station all day Sunday parking was £1.50, not £1.60. This was information they received from NCP..

However, NCPs own website shows that the charge is £1.60. I know it is £1.60, because I paid it. I complained to POPLA saying their judgement was flawed in stating I could not have been at Canons Park due to the difference in Tariff,. I included a link and screenshot to the NCP site.
POPLA have rejected my complaint on the basis that they cannot consider new evidence. However, I could not have provided evidence that their claim that I couldn't have parked there due to the tariff being different until I saw their judgement!

They have said that they will no longer enter into any correspondence and the appeal is closed.

What can I do? I genuinely parked and paid for the NCP parking. I have provided the only evidence I have. The appeal judgement is flawed factually. Do I have anywhere else to go?! It seems the only evidence they would admit would be a ticket from the machine on that day - however it seems unreasonable to expect me to keep that for the length of time after?

Thanks for any advice
Ben

Umkomaas

You go into 'ignore mode' where you ignore everything that comes your way from debt collectors (see NEWBIES FAQ sticky, post #4 about their lack of any purpose in life), but do not ignore a Letter Before Claim/Action from NCP or their solicitors, or real court papers. Come back on this thread should you get either (no need to do so for debt beggar letters).

Only a Judge can resolve this for you now. Unfortunately, NCP have 6 years to decide if they are going to issue proceedings - so batten down the hatches for the long-haul.

Ralph-y

good advice above ......


how ever if you feel a little proactive then read and eatch the below them write to your MP


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

and slightly longer, the committee stage

https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a

''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.

and some quotes from the committe stage

"The other area is hospital parking, and I want to single out one company for some pretty shady practices. That is ParkingEye"
" is very clear to me that there is collusion between parking companies and solicitors’ firms—so-called roboclaims companies. "
"They are often set up adjacently and involve the same directors and personnel. Incidentally, the same personnel get involved in the so-called appeals bodies."
"Essentially, it is a money-making enterprise that takes advantage of motorists up and down the country. They operate in a very business-like fashion, which is why I call them roboclaims companies."
"The companies are jamming up parts of our legal system."
“I now pretty much know exactly how the parking companies and in particular the IPC have been running this scam for the past 5 years. Basically both of the appeals processes are a complete and utter sham, (and part of that sham is Gladstones Solicitors itself)”
"The appeals process at Excel/VCS is run by a team of minimum wage office workers with no legal knowledge or experience whatsoever,"
" It is claimed by the head of the appeals service (retired Judge Bryn Holloway) that this is a completely independent fair process, it is not”
"The letter mentions two individuals—Will Hurley and Bryn Holloway—and concludes this is a typical example of the clear collusion between the IPC, their members and the IAS"
"what we can do about roboclaims companies and solicitors firms that profit, often in shady ways"
" the very large amounts of money that can be involved in such scams—a company called Smart Parking was involved in one such scam on my patch"
"tightening up the rules regarding the unfair use of automatic number plate recognition" "BW Legal, regularly issues 10,000 county court judgments a month, and is known to have issued 28,000 in one month"
"They are jamming up our court system, and are often totally unjustified."
" because the lifeblood of trying to extort money from people is having access to their details."

All from Parking (Code of Practice) Bill (First sitting) Hansard





Ralph:cool: