Help, NCP pursuing Unfair fine

Moireach

This is in Scotland.

When paying for parking the wrong number plate was input to the pay machine by mistake. They took 22 days to send us the letter (doesn't it have to be within 15?). They don't know who was driving. I appealed and they responded by email instead of post reducing the fine from £100 to £10. I did not see this email, I was expecting them to respond by post as that was how they initially communicated.

By the time I found this email in my inbox the appeal window was gone. This prevents me going to POPLA or anyone else. Debt collectors are now demanding £170. NCP won't respond to any of my appeals for them to be reasonable, the offence was an honest (and trivial!) mistake and so was missing their email. ZZPS the debt collectors are the same are only interested in finding out who was driving.

IAS told me I can try and open a Non-Standard appeal but NCP need to consent and they haven't responded to my request.

Please help, what are my options?

Quentin

Forget IAS! Waste of your time and money

Stop contacting anybody over this

Most important is that you need to edit your post to remove details of who was driving!

The ppcs monitor this forum and can use posts in your thread against you

Then read up in the newbies faq thread near the top of the forum the important section relevant to you regarding incidents in Scotland

Umkomaas

The NEWBIES FAQ sticky, post #1 is very clear about tickets issued in Scotland. Have you read it?

Q - ''I'm in Scotland/NI, so is the advice different?''

A - IF THE EVENT TOOK PLACE IN SCOTLAND OR NI, WE SUGGEST YOU DO (ALWAYS!) COMPLAIN TO STORE MANAGEMENT IF YOUR PCN IS FROM A RETAIL PARK, BUT DO NOT APPEAL, UNLESS YOUR CAR IS A COMPANY/HIRE/LEASED VEHICLE, IN WHICH CASE, APPEAL AS HIRER/LESSEE (SEE * AT THE FOOT OF THIS POST).

IN SCOTLAND/NI, CERTAINLY COMPLAIN TO THE RETAILERS, BUT IGNORE THE PARKING FIRM UNLESS YOU GET A CLAIM.

IN SCOTLAND THIS IS EXCEEDINGLY RARE, AND DEFENDABLE BY A KEEPER, WHO CURRENTLY HAS A FAR MORE PROTECTED POSITION IN LAW THAN AN ADMITTED DRIVER.

WHEN IGNORING IN SCOTLAND/NI, KEEP ALL LETTERS. DO NOT THROW THEM AWAY, FOR 5 YEARS.

IAS told me I can try and open a Non-Standard appeal but NCP need to consent and they haven't responded to my request.

Under no circumstances should you even contemplate this:

1. It will cost you £15.

2. You will agree to be totally bound by its findings.

3. The IAS will without doubt find against you.

4. Your costs will then be £170 + £15 = £185.

Please help, what are my options?

You have two:

1. Pay up.

2. Ignore - follow forum advice in the above sticky.

The_Deep

It is not a fine, it is an invoice for the damage they allege they suffered when an incorrect number was imputed. They would struggle if they were daft enough to try court.

https://en.wikipedia.org/wiki/De_minimis

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Moireach

Many thanks for the replies. I read as much as I could on the main MSE website but not the sticky sorry. I'm still not clear, why do I have no option but to pay? In Scotland they can't enforce the fine when they don't know the driver can they?

Moireach

The_Deep wrote: »

Until this is done you should still complain to your MP, citing the new legislation.

Thank you for taking the time to reply and for this suggestion. I will do this.

I've read in places when trying to research this that they need to notify you within 15 days, and elsewhere that they should communicate by post if that's how they initially communicate. Does anyone have any information on this? The jerks waited 22 days until the 22nd of December when everyone goes on holiday to post me the invoice.

waamo

Moireach wrote: »

Many thanks for the replies. I read as much as I could on the main MSE website but not the sticky sorry. I'm still not clear, why do I have no option but to pay? In Scotland they can't enforce the fine when they don't know the driver can they?

You were given two options. Pay or ignore.

Personally I wouldn't pay as there is no keeper liability in Scotland. They can only sue the driver and if they don't know who that is then good luck with that.

Bear in mind anybody could have been driving the keeper isn't necessarily the driver.

Coupon-mad

IAS told me I can try and open a Non-Standard appeal but NCP need to consent and they haven't responded to my request

Woah why on earth would you ask that kangaroo court?! Eeeeek no!

STOP- NO IAS REQUEST.

NONONONONONONO

Sit tight & ignore it if there is no landowner/retailer to cancel the scam.

Moireach

Thanks again for the advice everyone, including regarding IAS.

I did mis-read the second responder as some of you pointed out, ignore was given as an option. Receiving threatening letters from a debt collector is a first for us and it doesn't feel nice but unless I can get some external intervention it looks like I'm stuck with it.

Umkomaas

Moireach wrote: »

Many thanks for the replies. I read as much as I could on the main MSE website but not the sticky sorry. I'm still not clear, why do I have no option but to pay? In Scotland they can't enforce the fine when they don't know the driver can they?

You asked for options. I gave them to you. Nowhere did I say 'You have no option but to pay' - please show me where you think I said that.

If you simply asked for advice on what to do, I'd have replied 'Ignore the charge', but no, you asked for options (plural). That's what you got.

Please either read the replies very carefully, or think about what it is you are asking.

Moireach

Umkomaas wrote: »

You asked for options. I gave them to you. Nowhere did I say 'You have no option but to pay' - please show me where you think I said that.

If you simply asked for advice on what to do, I'd have replied 'Ignore the charge', but no, you asked for options (plural). That's what you got.

Please either read the replies very carefully, or think about what it is you are asking.

I made a mistake