NCP final notice for overstaying

ohhdeeear

Received a final notice or rather Keeper Liability Notice from NCP for parking in one of their carparks. Didn't receive the first notice as recently moved and it presumably went to old address. However, received final notice as this was redirected. This notice says there is no appeal and fine is £100, threatening debt recovery and court etc - so have 14 days to pay up etc.

At the time of parking the driver was unaware of newly installed ANPR because apparently the carpark had been recently taken over by NCP even though their distinctive orange notices hadn’t yet been installed. Upon going back recently the driver has seen that notices now changed to NCP ones. But the driver only saw old notices from previous operator so no mention of ANPR and didn't spot or notice any wording about paying £100 fine for overstaying.

Apparently the driver overstayed by 20 minutes even though had paid £1 for an hour - the only option is to pay in hourly increments so even if you go over by 10 minutes you are expected to pay for an extra hour. According to phone record, the driver paid by phone for the first hour and then made 2 attempts to phone to extend before the hour was up, but whether that meant it was successfully paid up for a 2nd hour, we don't know.

So not sure what to do now as not received first notice so cannot supposedly appeal. Could pay (£100 for not paying £1 apparently) or write to NCP saying didn't receive first notice or some sort of defence to get them to restart process at new address? Could write to retail park owners/managers asking them to cancel as the driver was buying in several stores.

What is best course of action? Thank you for any suggestions!

Umkomaas

1. Send NCP the initial appeal template from the NEWBIES FAQ sticky, post #1 and see if that elicits a POPLA Code from them, where you have a chance of getting this cancelled.

2. Send them a separate notification, with free Certificate of Posting from your PO, telling them of your new address and instructing them that any further correspondence is to now come to the new address.

3. Urgently notify the DVLA of your change of address - two separate notifications, one for your V5C (logbook) and one for your driving licence.

4. Come back on this thread when you receive NCP's response.

ohhdeeear

Thanks for steps so far!

ohhdeeear

Thanks for the advice so far....also tried complaining to shopping centre where fine occurred to see if they would cancel it. But they claim they have no influence over NCP so no.

They forwarded complaint to NCP so got a reply from them asking to chat on phone to sort it out. Complaint so far hasn't identified PCN details, incident or who's complaining so they can't identify anything or infer whether driver or keeper etc. Assume don't bother getting in touch by phone - waste of time?. So try to appeal regardless and possibly get old address occupant to complain about their PCN mail and to give new address as RK moved away
- to regenerate new PCN and start process to get POPLA code.

Umkomaas

Get your POPLA Code, have it killed there.

ohhdeeear

An update on situation so far, and request for advice about next steps please...
Understand aim is to get POPLA code ideally to stop it, etc.

Because Notice to Driver and Keeper was being sent to wrong (former) address, the occupant was returning to sender and told NCP to send any PCN letters to correct address, so no mention at all about driver / keeper identity, just suggesting to allow correct process for appeal by sending to new address.

Now finally get a Notice to Driver at current address, asking for £100 (£60 within 14 days) but does not mention being able to appeal to POPLA, as Notice to Keeper "has already been served on registered keeper" (at old address so I've not received it). It says they've been advised that I am driver so liable for payment - so not sure where they've got that from as have not written to NCP, just waiting to see if would reissue PCN and start process to get POPLA code.

So they're being v sneaky - what should I do now? They mention after 28 days if charge referred to in NTK not paid, creditor has right to recover, etc, Presumably after 28 days instead of serving NTK at new address, they will go straight to debt collector stage?

Obviously I want to make it clear I'm not saying who was driver but not sure how to get POPLA code if they've already decided the NTK has been correctly served?

Do I write making it clear not declaring who driver is and send initial appeal template in any case?

Quentin

Did you send the initial appeal last month (as per advice in #2)?

ohhdeeear

No, waiting to see if they would reissue PCN at correct address first.

Quentin

But wasn't it your fault they had the wrong address?? You moved but delayed notifying DVLA??

Umkomaas

I'm afraid delaying this hasn't made things any easier for you. Extracting a POPLA Code will be an uphill struggle I expect now. It could have been killed at POPLA.

NCP have recently got themselves associated with BW Legal, who are issuing court proceedings on an industrial scale, so I rather suspect you may be in line for a LBC and MCOL Claim in due course. The work to deal with those will be significantly more onerous to manage than a POPLA appeal, and the outcome somewhat less predictable.

EDIT TO ADD

The following thread has just this moment been opened - no appeal made to NCP, BWL now on the case, court proceedings on their way, and a stack of work!

https://forums.moneysavingexpert.com/discussion/comment/75048746#Comment_75048746

Fruitcake

Did you update your V5 details with the DVLA after you moved? If so, when was this, and when did the alleged parking event take place?

When did the PPC ask the DVLA for your personal data? Was this before or after you told the DVLA you had moved?

Do you see why these questions are important?

Have you contacted NCP at all?