NCP Railway Popla stage

Doris55

Hi everyone,
A NCP windscreen PCN was received 18/10/18 at a railway station car park for being parked without clearly displaying the required valid pay and display ticket (not actually an option at the car park) and no other cashless parking payment detected. The PCN was appealed by the keeper of the vehicle using the template on the newbies tread.

An email was received from NCP rejecting the appeal with a Popla code. As follows:
The Parking Attendant has recorded that the vehicle was parked in a pay and display bay without clearly displaying a valid pay and display ticket. The valid pay and display ticket must then be clearly displayed ensuring that the expiry date is clearly visible from the outside of the vehicle. (No ticket machines are avaliable making it impossible to actually display a ticket)

The contractual terms require the driver to purchase and display a valid ticket or make an online payment, otherwise by parking they agree to pay the charge. If the driver cannot purchase and display a ticket or make an online payment they can either park elsewhere, or remain parked and agree to pay the charge. It is the driver's responsibility to ensure that the terms and conditions of parking are adhered too.

Please note, to date you not have provided a serviceable address for the driver of the vehicle, therefore if this is not provided you, as the registered keeper of the vehicle, are liable for the Parking Charge Notice. (I'm assuming this is not a NTK)

The Supreme Court has dismissed the appeal in the ParkingEye v Barry Beavis case. The decision provides clarity on the use of contract law for parking on private land.! The ruling supported the view of the Court of Appeal judges in April 2016 and that of Judge Moloney that the charge should be an effective deterrent.

The judgment confirms that the current charging level is lawful and reasonable and motorists parking on private land must comply with the advertised terms and conditions. The Supreme Court effectively concludes that the BPA's Code of Practice for parking on private land is a good and fair model.
To view the photographic evidence please log-in via which is the same location as you made your appeal from. If you are unable to view the evidence, please contact us.

The Terms and Conditions of which our services are provided are clearly displayed on entrance and throughout our facilities, including the requirement for motorist to ensure valid payment is clearly displayed at all times in the vehicle. We are confident that all signage and the PCN are compliant with all industry standards and to the British Parking Association's code of practice to which we subscribe.! (Sign with small light blue on white writing, on the left hand side of entrance placed up high past the line of sight. Only one other sign inside car park with the same small writing in light blue on white with no street lighting)


The keeper has waited until day 56 and no NTK has been received.

The newbies tread has again been searched for a Popla appeal template and so far the signage, land ownership and the missing NTK paragraphs have been incorporated into the appeal for Popla. Is there anything else that should/could be added to make a stronger appeal or should the above be enough.
Many thanks

Fruitcake

Is this a separate PCN to your other thread? If not, you should only post on your original thread, nit this one.

If the car park belongs to the railway network or train operating company, then byelaws will apply, so you need to search for other NCP byelaws PoPLA appeals and include the point that neither the keeper or driver can be liable.
Also note that byelaws cases time out after six months. Only the TOC or landowner can bring a byelaws case to magistrates court, not the parking scammers.

So, appeal as late as possible and get as near to six months as possible. Once you are past that, then you contact the scammers telling them it is now statute barred and they must therefore cancel.

Doris55

Thank you for your reply, this is the appeal for the same PCN, I started a new tread as per the instructions on the newbies tread so sorry about that.

I've searched for recent NCP railway appeals to see if there is a paragraph for the railway bylaws but I haven't been able to find any recent ones. I didn't want to use anything from 2016/2017 incase they were no longer relevant.

I will be sending the appeal on the last possible day which is next week. So hopefully it takes a while with Xmas and NY as it's only been 3mths since the PCN was produced.

Thanks