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NCP ticket paid using Paybyphone
delu2011
Posts: 1 Newbie
Hello.
Please i need some advice on an NCP ticket.
On the 16 May 2019 i parked and made payment but forgot i made it using the mobile app paybyphone.
On the 13 June 2019, i received a PCN in the post.
My initial appeal was on that bases that the kiosk might have been faulty and did not record my number plate correctly. NCP rejected without further information.
So i appealed to POPLA. At this stage, they sent me records of parking within the time period with number plates partly masked ie S M * * * * U.
From the list, i did not find my number plate, at this point, i remembered i must have used paybyphone. Unfortunately i used it as a guest and was not aware as a guest, i do not have access to past parking history. I went on my bank statement and can see the transaction to NCP on the day.
I wrote to POPLA to advice on the situation and that NCP has only provided list from the Kiosk but not from paybyphone. I also sent them a copy of my bank statement showing the NCP charge. But got a response that my appeal has been refused with the below extract:
In their motorist comments the appellant has requested evidence from paybyphone transaction logs as they may have been at the site but not at the gym. Whilst I acknoweldge these comments, paybyphone is a third-party service. Therefore, if the appellant requires information from this service, they must contact them directly. POPLA or the operator cannot provide this. However, the operator has provided information that shows the appellants vehicle details were not entered into any system on the day. It is the motorist’s responsibility to ensure they have either registered their vehicle details or made a payment against a correct vehicle. There is no evidence that suggests a payment was made or the vehicle was registered, as the appellant has not provided evidence that shows this is incorrect, I am satisfied with the evidence provided by the operator. When entering onto a private car park such as this one, any motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage in place sets out the terms and conditions of this contract. Ultimately, it is the motorist’s responsibility to comply with the terms and conditions of the car park. Upon consideration of the evidence, the appellant failed to make payment, and therefore did not comply with the terms and conditions. As such, I conclude that the PCN has been issued correctly. Accordingly, I must refuse this appeal
When paybyphone finally wrote back to me with the parking record, it appears i have mistakenly paid my wife's car instead of against my car (If i had this information from NCP, i would have pointed this out at the early stages).
I plan to dispute this in county court and I would like to get some more facts.
My questions are:
- From the time the incident occurred and the time i received the notice was 28 days. I read the following: "If the parking firm has to get your details from the DVLA to send you a ticket by post alone, they have to send it within 14 days." Can i use this in court?
- I got a letter from Trace debt recovery on behalf of NCP, do i need to reply to them or ignore? I read do not ignore them otherwise the court can use it against you.
Any advice will be much appreciated.
Please i need some advice on an NCP ticket.
On the 16 May 2019 i parked and made payment but forgot i made it using the mobile app paybyphone.
On the 13 June 2019, i received a PCN in the post.
My initial appeal was on that bases that the kiosk might have been faulty and did not record my number plate correctly. NCP rejected without further information.
So i appealed to POPLA. At this stage, they sent me records of parking within the time period with number plates partly masked ie S M * * * * U.
From the list, i did not find my number plate, at this point, i remembered i must have used paybyphone. Unfortunately i used it as a guest and was not aware as a guest, i do not have access to past parking history. I went on my bank statement and can see the transaction to NCP on the day.
I wrote to POPLA to advice on the situation and that NCP has only provided list from the Kiosk but not from paybyphone. I also sent them a copy of my bank statement showing the NCP charge. But got a response that my appeal has been refused with the below extract:
In their motorist comments the appellant has requested evidence from paybyphone transaction logs as they may have been at the site but not at the gym. Whilst I acknoweldge these comments, paybyphone is a third-party service. Therefore, if the appellant requires information from this service, they must contact them directly. POPLA or the operator cannot provide this. However, the operator has provided information that shows the appellants vehicle details were not entered into any system on the day. It is the motorist’s responsibility to ensure they have either registered their vehicle details or made a payment against a correct vehicle. There is no evidence that suggests a payment was made or the vehicle was registered, as the appellant has not provided evidence that shows this is incorrect, I am satisfied with the evidence provided by the operator. When entering onto a private car park such as this one, any motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage in place sets out the terms and conditions of this contract. Ultimately, it is the motorist’s responsibility to comply with the terms and conditions of the car park. Upon consideration of the evidence, the appellant failed to make payment, and therefore did not comply with the terms and conditions. As such, I conclude that the PCN has been issued correctly. Accordingly, I must refuse this appeal
When paybyphone finally wrote back to me with the parking record, it appears i have mistakenly paid my wife's car instead of against my car (If i had this information from NCP, i would have pointed this out at the early stages).
I plan to dispute this in county court and I would like to get some more facts.
My questions are:
- From the time the incident occurred and the time i received the notice was 28 days. I read the following: "If the parking firm has to get your details from the DVLA to send you a ticket by post alone, they have to send it within 14 days." Can i use this in court?
- I got a letter from Trace debt recovery on behalf of NCP, do i need to reply to them or ignore? I read do not ignore them otherwise the court can use it against you.
Any advice will be much appreciated.
0
Comments
-
Not sure how NCP could've related the payment for your wife's car to a PCN issued against a different car without you suggesting to them that the driver may have paid for a different reg.When paybyphone finally wrote back to me with the parking record, it appears the driver has mistakenly paid for another car instead of against his car (If i had this information from NCP, i would have pointed this out at the early stages).
That is only relevant if they want to transfer the driver's liability to the keeper.- From the time the incident occurred and the time i received the notice was 28 days. I read the following: "If the parking firm has to get your details from the DVLA to send you a ticket by post alone, they have to send it within 14 days." Can i use this in court?
From your post it looks like you may have already told them who the driver was.
If you have not told NCP who was driving, then please replace the second sentence in your opening post with something like...On the 16 May 2019 the driver parked and made payment but forgot he made it using the mobile app paybyphone.And your paragraph starting "From the list..." needs similar editing. Check the rest of your post too.
And of course if NCP do not know who was driving, then that 'over 14 days' limit is very significant.
Debt collectors can be ignored. Please read post #4 of the NEWBIES thread for details.- I got a letter from Trace debt recovery on behalf of NCP, do i need to reply to them or ignore? I read do not ignore them otherwise the court can use it against you.0
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