Advice on NCP appeal, Crawley

samantha111

I recieved a PCN NTK from NCP after spending 13 minutes 1 second trying to find a space at Cross Keys car park in Crawley. The only space a could find was a very narrow one (some parts less than 1.8m in width) and I just could not park in it in either direction and leave the vehicle (and yes I do need to lose some weight). I thus exited the car park believing my stay was covered by the relevant BPA grace periods.

I would very much appreciate some advice, if possible, on the below appeal in the respect of whether I have put too much in at this stage, to be loaded into the online NCP appeal site. Please note I do have emails from Crawley Borough Council Planning Officer showing that there was no valid planning permission for the pole-mounted ANPR nor advertisement consent for the contractual signage. Retrospective applications for both are in but have yet to be validated by the Planning Department as of 3/12/18. There were no extant permissions/consents.

Dear Sir/Madam

Re: PCN XXXXXXXXXX

I dispute your 'parking charge' as the registered keeper (RK) of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

Further, as stated on one of your signs, you are not the landowner and you have given me no information about your policy with the landowner to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 along with with the name and full contract you have with the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Please also note I require ALL photographs and/or videos you have taken of the driver and the vehicle (XXXX XXX) in question on the date in question (14/11/18) not just the images of the vehicle's number plates as shown on the PCN - and an explanation of the reason for the PCN, because your Notice does not explain it.

You must also include a close up and readable actual photograph of the Terms and Conditions signage you contend was at the location on the material date along with a note of the font size used in the main text.

I believe that your signs of Terms and Conditions fail the test of 'large lettering' and prominence, as established in ParkingEye v Beavis. Your unremarkable Terms and Conditions signage were not seen by the driver on entry, are in very small print and the terms are not clearly not readable to drivers whilst in their cars and entering the car park.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner nothing about which can be found on you Terms and Conditions signage at the car park in question. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will reasonably taken to be a minimum of 20 minutes (ten on arrival and ten after parking time) in accordance with official BPA article by Kevin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

Lastly please supply copies of the planning permission you have for your pole-mounted ANPR camera and advertisement consent you have for the associated contractual signage in and around the site in question (Cross Keys car park, Crawley) that were valid on the day in question (14/11/18) - not any retrospective applications for one or both. Please note it is a criminal offence not to have advertisement consent rendering any possible 'contract' unenforceable as well as possibly making it illegal to request RK details from DVLA.

I remind you there will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice under which I believe you are operating.

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 in the future.

Your faithfully

beamerguy

NCP operating without planning permission.

Despite the BPA CoP, NCP are known to flout them

Wait until they reply to you and come back here

The BPA should be made aware of this

Steve Clark steve.c@britishparking.co.uk

The_Deep

Read this

https://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

They did not complete their part of the contract, surely therefore they cannot claim that you breached it.

samantha111

Reply from NCP received today via email.

'Your appeal has been reviewed and has been considered in conjunction with the evidence gathered
by our Automatic Number Plate Recognition cameras,which record your entry and exit times. Having
considered the content of your letter this notice has been cancelled.

Please in future ensure you are aware of the Terms and Conditions of parking, to ensure you do not
receive any further Parking Charge Notices.'.

Happy days!

Thanks to all for the great advice/templates from this site.

I think they do not want to fight total absence of planning permission and advertisement consent so gave up early? Shame, almost.

Redx

well done, it just goes to show what people can do when they do the research and set their minds to it


they clearly knew they were on a loser and backed off

walkthewalk

I have just had exactly the same experience with the same car park! :mad: Couldn't get a space and eventually drove off only to get an ANPR camera Parking Charge Notice 25 days later.

@samantha111 - Did you send the template exactly as above? Did you send in the post or via website?

Fruitcake

walkthewalk wrote: »

I have just had exactly the same experience with the same car park! :mad: Couldn't get a space and eventually drove off only to get an ANPR camera Parking Charge Notice 25 days later.

@samantha111 - Did you send the template exactly as above? Did you send in the post or via website?

The OP hasn't been on MSE for nine days and may never come back.

Send the above appeal using the scammers online portal if possible, and take a screenshot before submitting.

If you need further help, please start your own thread.

Please help us by complaining to the BPA, DVLA, and your MP about this unregulated scam, especially pointing out that this is an illegal activity.

Also complain to the council/planning department that the scammers are continuing to operate an illegal money making scheme. Make sure you let all parties know that retrospective applications for advertising consent are not permitted.

Coupon-mad

walkthewalk wrote: »

I have just had exactly the same experience with the same car park! :mad: Couldn't get a space and eventually drove off only to get an ANPR camera Parking Charge Notice 25 days later.

@samantha111 - Did you send the template exactly as above? Did you send in the post or via website?

Yes they did, and obviously not by post (the NEWBIES FAQS thread tells people never to post an appeal, and it gives a template you could have used anyway).

Please read it, before rushing off & ticking 'driver' on the NCP appeals page...noooo!

walkthewalk

Thanks for the reply @fruitcake.


I wasn't aware what NCP are doing is actually a scam/illegal. Would you mind explaining?

Coupon-mad

No-one said it was illegal, but you need to understand the entire industry is a scam.

You need to watch the debate in the House of Commons from February:

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

Watch it all, your eyes will be opened to the predatory con they operate.

https://forums.moneysavingexpert.com/discussion/5787731/parking-code-of-practice-bill-passed-by-mps

It's going through the Lords unopposed, showing that all agree PPCs are a scam:

https://forums.moneysavingexpert.com/discussion/5891794/draft-advisory-code-of-practice-sir-greg-knight-bill

That thread has been updated only yesterday.

djdavechilly

I have had a bad experience at the NCP at Cross Keys so was really helpful finding this thread.

Working in the local area I had to look for alternative parking and I made sure it didn't have an ANPR Camera as I wasn't going to get a PCN every single time!

So my search started and bingo what a result I found one next door what a result :T Its a bigger area and wide bays and I found one which was great for my estate car.

I know is strange but I'm kinda pleased I got the PCN as it made me look elsewhere for parking and no more aggressive parking tactics at "Galleria RH10 1WW" :beer: