Private Parking sign missed in NCP car park-any advice welcome!

simcroft

If anyone could help I would be very grateful!

Issued with PCN on 20/7 for parking in a ‘Private Parking’ bay in an NCP car park. I park there a lot and have never noticed a line of ‘private’ bays within the car park. The bay I parked in had a small yellow notice above eye line height on the wall with black letters stating only the words ‘Private parking’. For some reason (probably because I wasn’t looking for it and concentrating on parking not looking at the wall ahead of me!), I missed it. I paid for my parking as I usually do on my Ringo app, only to return to a PCN on my return for £100, or £60 within the standard 14 days. Only then did I see the sign.

Stupidly I have only recently found this site, so have appealed to NCP and POPLA (rejected) without using the advice here. I’m hoping someone might be able to point out something about this signage I can use to get them to cancel this ticket, or that if produced in court, will help to launch it out of court! Do they not need to further re-iterate a fine is payable on a sign like this? Or at least have an NCP logo on the sign? All the disabled and electric bays have yellow floor markings (so you definitely can’t miss them) and warning of a charge payable if incorrectly parked. I feel they are deliberately trying to catch people out.

It seems horrific to me that missing a small sign stating ‘private parking’ can now cost me £100 after a rejection from POPLA, especially when I paid to be there.

I am currently trying to find out who owns the land so I can try a complaint, but if anyone has any thoughts on a signage technicality I would be very grateful for your input. Thanks in advance.

Coupon-mad

Unclear signs & lines is always worth trying in defence, if they try a small claim. Take some photos now in case they improve it, and wait for the LBC to arrive, or a court claim (read the 2nd post of the NEWBIES thread to be ready).

I feel they are deliberately trying to catch people out.

So do we. So might a Judge if you evidenced it well.

fisherjim

Firstly why do you keep calling it a fine?


You have unfortunately messed up any chance of getting this cancelled by a good appeal, as you say it's a pity you didn't come here before.


You are dealing with an unregulated scamming industry you won't get them to cancel now they are greedy Muppets, why would they pass up a chance to extort money.


Luckily NCP aren't litigious at present, so it's a wait and see game for six years.


http://www.parkingappeals.info/companydata/National_Car_Parks.html

simcroft

Thank you both for your replies. I’m definitely happy to play the wait and see game. And despite my earlier errors I’ve definitely learnt a lot from this very helpful site and WILL NOT be paying a penny unless a Judge tells me I have to.

Just worst case scenario (although I appreciate from reading around here that this would be a very rare occurrence), does anyone have any idea what sort of costs etc could I be looking at if it went to court and I lost? Just roughly.

Thanks again to you both.

beamerguy

fisherjim wrote: »

Luckily NCP aren't litigious at present, so it's a wait and see game for six years.


http://www.parkingappeals.info/companydata/National_Car_Parks.html

But they are fisher, they are trying their luck with BWL

The_Deep

I’m hoping someone might be able to point out something about this signage I can use to get them to cancel this ticket,

Not a chance. This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Umkomaas

Simcroft wrote: »

Just worst case scenario (although I appreciate from reading around here that this would be a very rare occurrence), does anyone have any idea what sort of costs etc could I be looking at if it went to court and I lost? Just roughly.

Thanks again to you both.

£100 original PCN
£25 for claimant's filing fee
£25 for claimant's hearing fee
£50 (max - capped) for claimant's legal fees

BWL will try to add a further £60 for some spurious reason or another, but if argued properly, a Judge shouldn't allow this.

simcroft

Thanks for all your quick responses. If that’s worst case, they will 100% be seeing me in court if they follow it through.

beamerguy

As Umkomaas says above

BWL will try to add a further £60 for some spurious reason or another, but if argued properly, a Judge shouldn't allow this.

Watch for this fake £60 add-on. BWL give many reasons for this such as admin or contractual charge.
In reality they are trying to pass on debt collectors fees which cannot be passed on

Did you receive debt collector letters and if so, from whom

simcroft

Not at that stage yet. Popla was rejected 2 weeks ago and I’ve received a 28 day ‘pay up or it’ll go to a debt collector’ from NCP. Which of course I will ignore.

Guys_Dad

Have you got photographic evidence of the poor signage? You will need it as well as any other signs with t&c.

Post them up here.