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Help Please Advice: NCP ANPR

PCNotice
PCNotice Posts: 26 Forumite
Third Anniversary 10 Posts Name Dropper
edited 22 March 2019 at 11:55PM in Parking tickets, fines & parking
Hi Everyone,

After reading and trying to understand everything on the newbies sticky thread the keeper is still very confused on how to go about things.

Background:
- Attending an establishment which offers free 2 hour car parking at an NCP car park.
- The establishment has 2 NCP car park close by to it. One being 500 Yards away and other being 200 yards away.
- The driver did not see the sign due to parking mostly at night time.
- The driver thought the car park nearer to the establishment was the valid car park.
- As normal the driver would validate the vehicle as he entered the establishment using the dedicated electronic device and would receive the all clear.
- 15-17 Days Later the keeper received several PCN letters from NCP.
- The Keeper spoke to the establishments manager and was advised to go to ncp.co.uk and fill out the appeal form they had one by one.
- Confident that the appeal would go through and be abolished with sufficient proof and evidence.
- The keeper however, received a reply from NCP appeal and has rejected one of the most recent PCN.
- The driver has been mistakenly attending the wrong NCP car park offering the 2-hour free parking period while within the establishment.
- The car park which is further away is the one linked with the establishment, and not the one thought to be closer.
-The keeper has been given a POPLA 10-digit verification code and is advised by the letter to go through them if wishing to appeal further.
- The driver cannot stress enough that they have been entering and following the correct procedures to receive the 2-hour free parking.
-The driver is new to the city and has recently had a newborn baby and cannot afford all of the cost of the several notices.
- The Keeper would greatly appreciate any advice and guidance to this matter as the driver is under alot of pressure and unsure on what to do next.

Kind regards,
«13

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You urgently need to edit your post to distinguish between the driver and keeper.

    It was obviously the driver that parked the vehicle, but it was the keeper that received the postal PCN.
  • PCNotice
    PCNotice Posts: 26 Forumite
    Third Anniversary 10 Posts Name Dropper
    Edited but not sure if done correctly.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    PCNotice wrote: »
    Edited but not sure if done correctly.

    not quite , it should read
    15-17 Days Later the KEEPER receives several PCN letters from NCP.
    - The KEEPER then spoke to the establishments manager and was advised to go to ncp.co.uk and fill out the appeal form they had one by one.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No.
    15 -17 days later it was the keeper that received several PCNs.
    and
    The keeper would greatly appreciate any advice and guidance to this matter as the keeper is under alot of pressure and unsure on what to do next.

    Have you now appealed each one of the PCNs with NCP?

    The keeper needs to do that using the blu text template appeal found in post #1 of the NEWBIES thread.

    Now you, the keeper, need to appeal each PCN with PoPLA.

    Post #3 of the NEWBIES FAQ sticky thread will help with that.
  • PCNotice
    PCNotice Posts: 26 Forumite
    Third Anniversary 10 Posts Name Dropper
    Thank you,

    Edited again hopefully its good enough.
  • PCNotice
    PCNotice Posts: 26 Forumite
    Third Anniversary 10 Posts Name Dropper
    Hi and thank you Redx and Keith,

    The keeper has appealed all of the PCNs with NCP before ever seeking any advice because the keeper was under the impression that there must just be a computer or system error with the PCNs being sent.

    In Hindsight, the keeper would have used the template mentioned to form a more professionally written appeal.

    However, the keeper simply included screenshots of the establishments deal for free parking, and screenshots of duration time spent at the establishment to validate it.

    The keeper has only received one appeal response from NCP from the earliest appeal made by the keeper, the keeper assumes all other appeals to come back rejected and many more to come through the post as the driver was still continuing to use the same car park while the PCN Appeals was being processed.
  • Check the dates of the alleged contraventions against the NTK issue dates.

    It would appear from your post that these may fail POFA provided you haven’t blabbed who was driving.
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How many tickets in total please?

    Can you let us see exactly what you said in your initial appeals to NCP? Were they all phrased in exactly the same way?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • PCNotice
    PCNotice Posts: 26 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 24 March 2019 at 10:36AM
    Hi Everyone, thank you for your replies.

    I have received 4 and 4 i believe waiting to be sent. In total 8 PCNs
    I feel i have already made a mistake by carelessly appealing without seeking guidance.
    My initial appeal was very brief and consisted only of screenshot evidence of the establishments free use of the NCP car park 'X' but i honestly mistaken it to be NCP car park 'Y'
    I think i have already chose or ticked the box that i was driving the vehicle at the NCP appeal stage, i would like to see the whole process again to check whether it asked me if i was the driver or not but i no longer have the option to appeal it i only have the option now at their NCP website to pay.
    The establishment operates with 24/7 cctv and knows when i am using the facility, which inturn validates my free parking but It was an honest mistake that i have been parking at car park 'Y' and not at car park 'X' because after looking at the establishments website it was very misleading and looked to be the closer NCP car park.
    They are both NCP car parks and i believe not lost any money as i normally use the facility at unsociable hours midnight onwards and leave after less than 2 hours. I am the only 1 in the car park its not like they can justify such a high amount of money for their losses, i have not stopped anyone from parking, i always validate and follow the process of using the electronic tablet within the establishment.
    I feel like ignoring all of the PCNs because they are being very unreasonable, because as i validate my parking in the establishment, NCP receives money from that. Granted i parked in the wrong car park about 200 yards away its still the same price payed to the same company.
    In addition, the NCP car park 'X' has been refused planning permission for their post mounted signs however their ANPR camera has been approved their signs fail to Transparently Warn Drivers of what The ANPR Data will be used for.
    I desperately need help in forming a good enough POPLA appeal under the grounds of:
    - There are no easily visible entrance signs for the regular entry and the signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.
    - No keeper liability - PoFA non-compliant NTK due to failure to adhere to strict wording and guidelines set out in PoFA – no mention of PoFA at all in NTK.
    - The ANPR System is Neither Reliable nor Accurate
    - Vehicle Images contained in PCN: BPA Code of Practice – non-compliance
    - The Signs Fail to Transparently Warn Drivers of what the ANPRData will be used for
    - No Evidence of Period Parked, PCN does not meet PoFA 2012 requirements
    - Vehicle Images contained in PCN: BPA Code of Practice non-compliance

    Please help if there is any more, I can put down.

    hxxps://postimg.cc/2VS4kZsV - Free parking
    hxxps://postimg.cc/rKcv8xL6 - Permit
  • Le_Kirk
    Le_Kirk Posts: 24,701 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you go to the NEWBIE thread, post # 3, you will find examples of POPLA appeals, just use one of those and add in your own specific points that you have put in post # 10.
This discussion has been closed.
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