NCP overturned Parking fee £100 - leased vehicle

NCPresult

This does not constitute legal advice but is based on my experience dealing with a recent NCP parking fine of £100 for being 2 mins over the 10 min time they allow to find a parking space and pay for a ticket. However the same rules apply to all fines imposed on leased vehicles by parking companies.

I just wanted to post as I have recently had an NCP parking fine overturned on appeal. The reason for the post is because my appeal was based on the fact that NCP failed for follow almost all of the requirements when claiming from the Hirer of a vehicle - in this case my car is leased.
Under legislation parking companies are allowed to claim fines from the hirer of the vehicle even if the hirer was not the driver. However in order to do this they must follow specific requirements set out in section 14 of the Protection of Freedoms Act 2012 - NCP kindly put this in their letter to me.

In my case NCP failed to follow almost all of the requirement in order to claim the fine from me as the driver or hirer of the vehicle.

BE WARNED - if you lease a vehicle, parking companied can claim parking fines from you and enforce them EVEN IF YOU DO NOT DISCLOSE WHO THE DRIVER WAS. However they must follow specific rules in order to do this.

In short my claim was based on the following things that NCP did not do:-

Issuing the fine within set time limits
Not sending me copies of documentation obtained by them from my lease company
Not advising me that I could disclose who the driver was
Not giving me the date that NCP advised the hire company of the alleged fine

My advice is - if you lease a car and get a parking fine do your homework and ensure the parking company have met their obligations. I acknowledge this is not easy but refer to the Protection of Freedom Act 2012 - ITS THE LAW!

On a final note I have no legal background but was able to wade my way through information provided on the government websites - saved me £100 but more importantly I did not let NCP bully me into paying what is a ridiculous amount of money for a 2min stay. I didn't even park up as the parking Tarif would have cost me £15 for half an hour!!!!!

Good luck

The_Deep

Under legislation parking companies are allowed to claim fines from the hirer of the vehicle even if the hirer was not the driver

Private parking companies do not and cannot issue fines. These are invoices for the alleged damage they suffered when a motorist did something which the think may be a breach of contract. They have no value unless given such by a judge.

Please correct this misinformation, in matters such as this, accuracy is a sine qua non.

Fruitcake

As above, these are not fines and it is important not to refer to them as such, especially where a hire company is concerned, but well done on your win.

I don't know if you followed the advice in the NEWBIES, but for anyone else landing on your post, all the information needed to fight unfair private parking tickets is there, including hire lease vehicles.

Umkomaas

This being cancelled is likely to be more about the following than any 'chink' you think has been found in their 'armour':

https://forums.moneysavingexpert.com/discussion/6004010/ncp-appeal-tax-man-1-ncp-nil

https://www.bailii.org/ew/cases/EWCA/Civ/2019/854.html

They would know that had they pursued this further, a Judge would have been really interested in why they had decided to act contrary to the Appeal Court judgment of which NCP were the subject.

A P&D parking contract only commences when the 'green button' is pressed - as determined by the Court of Appeal - no matter what the PPC's signs say.