Two fines with NCP

ulukai

Hello all,


I recently received two fines from NCP for one of their private car parks in Newcastle, it was an overstay on both occasions, the first was 2hr 10m and the second 1hr 5m


Sadly I've already appealed both when I got them before I came across this forum, my appeal was poor and now it seems pointless with the genuine reason: I had thought the fee was calculated through ANPR for how long I had been there, as it happens it had not and I failed to set the time parked on their machine so it defaulted to 30m parking paid, I don't even think I was given an option to do that either, those machines are overly complicated with full keyboards and several larger unmarked buttons dotted about, I hadn't thought anything of it since I usually park on the adjacent street which was about 50p cheaper and council than what I paid NCP, as I also said to them, it's a company expense so I had no reason not to pay as it would be claimed back.


So on top of the two £60 fines, soon to be £100 each, I'm also faced with a £15 admin fee for each from my company, it is a hire vehicle, they were going to dock my wages and pay the full fines until I told them I would appeal, whats worse is there could be more to come as I'm sure I parked there several times over a few weeks.


Would I stand much of a chance appealing through popla for both? I've been reading through the newbie thread and there is a lot to take in, if there is chance I assume finding a good NCP popla template would be a good place to begin?


Any advice for any of the above would be much appreciated as it's stressing me out a lot, I recognize I made a mistake but 60 and even worse 100 for around £5 parking is extortionate and completely absurd, I'd have been happy to pay the difference and any admin fee, I've been fined many years ago by parking eye in my own car which I completely ignored as it was not a pay car park and that seemed to just go away, but with the threat of my company docking my wages I have to act on these two.


Thanks for your time.

Hasbeen

ulukai wrote: »

Hello all,


I recently received two fines from NCP for one of their private car parks in Newcastle, it was an overstay on both occasions, the first was 2hr 10m and the second 1hr 5m


Sadly I've already appealed both when I got them before I came across this forum, my appeal was poor and now it seems pointless with the genuine reason: I had thought the fee was calculated through ANPR for how long I had been there, as it happens it had not and I failed to set the time parked on their machine so it defaulted to 30m parking paid, I don't even think I was given an option to do that either, those machines are overly complicated with full keyboards and several larger unmarked buttons dotted about, I hadn't thought anything of it since I usually park on the adjacent street which was about 50p cheaper and council than what I paid NCP, as I also said to them, it's a company expense so I had no reason not to pay as it would be claimed back.


So on top of the two £60 fines, soon to be £100 each, I'm also faced with a £15 admin fee for each from my company, it is a hire vehicle, they were going to dock my wages and pay the full fines until I told them I would appeal, whats worse is there could be more to come as I'm sure I parked there several times over a few weeks.


Would I stand much of a chance appealing through popla for both? I've been reading through the newbie thread and there is a lot to take in, if there is chance I assume finding a good NCP popla template would be a good place to begin?


Any advice for any of the above would be much appreciated as it's stressing me out a lot, I recognize I made a mistake but 60 and even worse 100 for around £5 parking is extortionate and completely absurd, I'd have been happy to pay the difference and any admin fee, I've been fined many years ago by parking eye in my own car which I completely ignored as it was not a pay car park and that seemed to just go away, but with the threat of my company docking my wages I have to act on these two.


Thanks for your time.

You have looked here? Then come back and someone who is an expert will usually advise. https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

waamo

You need post 3 of the linked post. It explains the POPLA process and links to winning appeals.

Use a recent one as a framework to work from. Most of the work will be done for you.

Redx

NCP cannot issue "fines" , only the police and courts and magistrates can do so

I assume you mean PARKING CHARGE NOTICES ? (PCN,s)

check your paperwork, it wont have the F word mentioned at all, because they would be in trouble if they used that F word, so I believe you made it up

also google the BEAVIS court case, then you will find out that the maximum £100 charge has stood for over 6 years and so is not extortionate , judges have deemed that £85 isnt so £100 might not be either , at the Supreme Court, so your argument wont wash in court

please read that NEWBIES thread linked above, it tells you all about this topic


do you actually have 2 POPLA codes issued by NCP ? or not ?

the hire co and / or your company should have nominated you as hirer/lessee for you to appeal in your own name on each one and no money should be docked from your wages, it might be illegal to do so, so check your contract of employment

tell your company and the hire co to follow POFA2012 and BVRLA guidelines, in order for them to exempt themselves from this

ulukai

Ok thanks, so I shouldn't be too worried about multiple appeals?


My fleet manager told me the hire company were going to pay the fines (Reflex) and thus she would be docking my wages, are they even allowed to do that?, as I mentioned I told her I'd be appealing which she replied - ok I'll hold the deduction for now, if the appeals fail and NCP starts with letters to the hire company will I have a choice about paying in the end?

Redx

check your contract, but I doubt they are allowed to do that by law

read my extra replies in my post above

explain to her that these are not fines and they should do what I said above, because docking your wages may be illegal

at no time refer to them as "fines", they are INVOICES and should be treated as such , she wouldnt pay spurious invoices , would she ?

waamo

If you inform NCP you are the KEEPER of the car they will direct all correspondence to you. They will chase you for the money which will take the heat off the lease company.

Do not ever mention being the driver.

Redx

and were any POPLA codes issued ? if so , WHEN & WHO TO ?

ulukai

Redx, sorry, you must have edited in those last two paragraphs during my reply or my eyes are going funny.


Yes I have two different POPLA codes from NCP, which were issued on their email reply with my name and address at the top of the page on 21/12, I may have named my self as the driver,
naivety on my part as I thought human decency still existed when I made my first appeal.




I'm off to the car park in question tomorrow to get some photographic evidence.



Thank you for the advice on the company, I have emailed her with those details.

Redx

ok , if you have appealed in your own name and got 2 POPLA codes in your own name , then NCP will chase you

I would tell your manager to tell the HIRE CO to inform NCP of your details as keeper/hirer of the vehicle (lessee under the lease) so that both your company and the hire co absolve themselves from this situation

I would also tell them that because you are dealing with it they are not allowed to deduct anything from your wages , its between NCP and yourself from this point on ,the responsibility is yours, not theirs

in future , the hire co should be given the name of the hirer, then the hirer deals with it

post your popla appeal below for perusal, and I assume that NCP dont know who was driving, in which case did they include the hire agreement ? *I doubt it)

however, if you were daft enough to tell them who was actually driving, this POFA point goes out of the window

it seems to me that nobody in this saga knows what they are doing , or what the laws are, and read all the replies again as we tend to think of stuff later and edit it in

ulukai

Thanks for all the help Redx, you are absolutely right, I unfortunately tend to learn the hard way I certainly won't make this mistake again, I'm almost certain I would have named my self as the driver on my appeal to NCP as I believe this was one of the questions, but as you said there was no hire agreement supplied not that it matters now.


I'll follow up tomorrow with a draft appeal when I've been back to the CP as I think I'll need photographic evidence for this.