Urgent: NCP and DRP "extra time to pay" - unsure whether to appeal on medical grounds

Ghi

Morning,

I'm new to the forum but have read all of the stickies and searched on the matter as I don't want to waste anyone's time, but I'm still unsure how to proceed so would appreciate any advice you kind folk can offer.

I have received a number of letters from DRP, the most recent of which is a "final chance to pay" letter, stating that they have recommended to NCP that they appoint a solicitor to start court action, and that the client is willing to give me extra time to pay up until a date in the next few days. I'm not sure whether this is considered a Letter Before Claim (which the sticky says I must respond to).

I have not sent NCP or DRP any correspondence so far.

I parked in a disabled space in an NCP car park without a blue badge, as on the morning when I parked I urgently needed to use the bathroom at my workplace (medical condition but not eligible for blue badge) with the intention of moving the car to a normal space later. I forgot to move the car however and was ticketed later during the day.

In leaving the car park I did pay for the full day's parking as the car park uses barriers and I have a NCP discount card.

The evidence photos show my car in the marked disabled space but do not show the "contractual" signage at the time.

I'm trying to decide how to go forwards:
* Appeal, on the basis that there is no evidence photo of the signage at the time saying I would have to pay if I disobeyed the car park's disabled bay signage
* Appeal to their good side in that I have been a repeat customer for an amount of time, and a continued revenue source, and enforcing this ticket (given my medical condition) will mean they lose me as a customer to one of their competitors in the area
* Ignore the letters and see whether I receive a court summons (the sticky says this is likely, if the letter I received is an LBC)
* Just pay it
* Something else?

If I submit an appeal then I'd be worried that I'd lose the option to pay without going to court which I'm not keen on.

Any suggestions would be greatly appreciated as I'm pretty stressed about this now. Thank you!

Ralph-y

hi, and welcome to the forum ...


you will need to have a re read of the newbies thread as you have missed a lot


https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou


"I have not sent NCP or DRP any correspondence so far."



upon re reading you will see the message to ignore 'debt crawlers' they are powerless ...



if things are at this stage then appeal times are probably passed ...


that means waiting to see if LBCA or actual court papers are sent. WHICH will not be ignored.




"I parked in a disabled space in an NCP car park without a blue badge, as on the morning when I parked I urgently needed to use the bathroom at my workplace (medical condition but not eligible for blue badge) with the intention of moving the car to a normal space later. I forgot to move the car however and was ticketed later during the day."


tut ... tut ... unless you medical condition is one that means you are covered under legislation , then you are not entitled to extra consideration .



If this car park is work owned then have you complained to work ?


"I'm trying to decide how to go forwards:
* Appeal, on the basis that there is no evidence photo of the signage at the time saying I would have to pay if I disobeyed the car park's disabled bay signage*


you have probably passed the appeal deadline set by the PPC .... you can still send the recommended template to the PPC ... they will refuse , but see that you are being supported by this forum.



* Appeal to their good side in that I have been a repeat customer for an amount of time, and a continued revenue source, and enforcing this ticket (given my medical condition) will mean they lose me as a customer to one of their competitors in the area*


PPC's do not have a good side they only want your £££



* Ignore the letters and see whether I receive a court summons (the sticky says this is likely, if the letter I received is an LBC)*


yes




* Just pay it*


No



* Something else?*


start to read up on the court section in the newbies thread , so that you understand better the series of events you must take.



the win rate at court for forum assisted cases is very high ...



good luck


Ralph:cool:

Ghi

Thank you for your quick reply Ralph! Doesn't sound good then if I'm hoping to avoid court. Do you think the odds of me winning the case in court are likely to be good? I still have the option to send an appeal message through NCP's website (the payment option has been retracted - they tell me to go to DCP's payment portal instead) which says to me it might still be worth a try.

The funny thing about the ticket is that I spend more than the cost of the ticket per month in daily parking anyway, so if they have any business savvy they'd rather keep my repeat custom (which I'm happy to continue) if they dropped the ticket as it'll work out far better for them in the long run. It's no big deal for me to walk an extra 5 mins in the morning to use their competitor!

Redx

its too late for any appeal , although you could send one by post

we dont give legal advice on here and anyone running a book and giving odds about any legal case would be a fool and would soon be bankrupt

I doubt that they will care about losing a long term customer, but you never know (I wont hold my breath as these parking companies are foolish and stubborn)

if you do not have a BB and do not qualify under the EA2010 a judge may well take the view that there was no valid excuse to park there, because NCP are complying with the EA2010 law by ticketing your vehicle and your vehicle was not allowed to be there (unless you can prove that you qualify (like I do for example) ? - which doesnt seem obvious here)

what you want is irrelevant, if NCP wish to take you to court they have 6 years to do so (if this was on a private car park)

the court would be your local county court, they would use the MCOL system

then a judge decides

IGNORE DRPL, they are powerless and cannot issue an LBC (an LBC GIVES 30 DAYS NOTICE & INCLUDES FINANCIAL FORMS)

ps:- the "sticky" doesnt say anything about a "summons" , you made that up

this is a civil matter and is dealt with using MCOL in a civil court , no "summons" will be issued as its not a criminal matter and no magistrates will be dealing with it either


the only way this can be won is on a legal "technicality" , like no landowner authority, poor and inadequate signage , not the same as BEAVIS etc