NCP Parking Penalty Appeal

KsMan

Hi, I have been looking for some advice re dealing with a PCN and I have come across a vast array of posts on this topic and I am frankly a bit confused! There is a post started in Feb this year which seems very similar to my situation re an NCP charge at Epping LUL.

The keeper has received a parking charge notice from NCP for £100 having parked the car outside a bay at Chalfont & Latimer LUL as there were no other spaces. The daily fee of £4.50 was properly paid
The PCN is for "not parked correctly within markings of the bay space" but I wasn't actually in a bay as I parked in an open area at the end of the car park with no markings. It was not blocking any one and a number of other cars were already parked there. However, at the end of the car park, about 30 meters from my car was a free standing sign ( virtually stuck in a bush) which read that cars would be clamped for parking. I ignored this as I had to catch a tube. On returning that night, a PCN was attached to the car.

The keeper is seeking advice on how best to appeal this.
Any help or advice on drafting a challenge to this PCN would be really appreciated?

The £100 notice was dated 13/11/18 so I think I have until the 12/12 to respond.

Many thanks

Castle

Edit your post now to remove the identity of the driver.

KsMan

Hi, thanks but I don't follow what you mean as I haven't identified the driver?

I have looked at the Newbies stuff. I believe NCP are a BCA member but I can't see a template for the appeal. If anyone can give me the link or explain which one I should use that would be really appreciated.

Thanks

MistyZ

KsMan wrote: »

Hi, thanks but I don't follow what you mean as I haven't identified the driver

Not by name, no. But you need to differentiate between the driver and the Registered Keeper. You would seem to be the RK and it was the driver who parked etc. Don't puzzle over this, just edit straight away and light will dawn later if it hasn't already.

NCP are BPA members and the template in blue text on the Newbies' thread is the one to use. Again, when the appeal is made to NCP you need to appeal as the keeper, ensuring that any drop down menu in which you find the 'keeper' option doesn't default back to 'driver' if you make any changes etc. Best to take a screen shot before sending I hear.

Fruitcake

Only ever refer to The Driver and The Keeper, who are two different people.

Parking scammers monitor these fora, and have been know to use information from here against motorists at both appeal stage and court.

Edit your post NOW! You have posted enough information for the scammers to identify The Driver. You might not think so, but you have.

Assuming Byelaws apply (indicated by the use of the word Penalty) then appeal as near to the 28 day appeal window as possible.

If the PCN was actually a Parking Charge Notice, not a Penalty Notice, then there is no advantage in waiting.
Please confirm what it says on your letter as it makes a huge difference.

beamerguy

KsMan wrote: »

Hi, thanks but I don't follow what you mean as I haven't identified the driver?

But you have on here ..... Edit to change "I" to the keeper

The scammers read this forum

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

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

and complain in the most robust terms to your MP. With a fair wind they will be out of business in the not too distant future.

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting

KsMan

Thanks for your response. It is a "Parking Charge - Notice to Keeper"

KsMan

Thanks, this has been changed

Coupon-mad

So have you now sent the template everyone pointed you to, the one in the NEWBIES thread? The whole point is to get a POPLA code without saying who was driving, hence the template.

KsMan

Thanks. I have seen the appeal wording. At the risk of seeming thick, can you clarify re following:

I see it asks fo photographic evidence etc. They have provided this on their website?

More importantly perhaps, the advice stresses the need for a photo of the notice in the car park. As I am over 100 miles away, how vital is this at this stage?

Many thanks for you help