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NCP parking fine - appeal rejected

I got a parking fine notice from NCP for 'not paying for a ticket to park in their car park', however I didn't park there, simply drove through so I don't feel I should pay the fine. I entered St. Peter's Way car park in Northampton (run by them) through the entrance, then immediately drove down the passageway to enter the lower car park owned by Northampton Borough Council. I thoroughly checked the signs there to then pay for my ticket, but then discovered that the car park is free on Sundays. When I went to exit the car park, it followed round and fed through to St Peter's Way car park entrance/exit again, so I exited through there as I knew no other way. I subsequently checked the signage at the entrance to NCP's St. Peter's Way car park, and it does not state anywhere that you are not permitted to drive through the car park to get through to the lower car park which is separate. It only states they use ANPR. I understand that the cameras will pick up every car that enters and exits the car park, and so it will be assumed that the car has parked in their car park, however I am currently looking into getting CCTV images of my car parked in the Council owned car park further down. It is not fair to issue a fine to anyone passing through but not parking, without giving drivers a warning on the signage as they drive through the entrance.

I appealed, and they have rejected my appeal on the grounds that 'the fine was issued correctly and I breached the terms and conditions' but I didn't park there and it didn't say anywhere on the signage that you can't drive through the car park and drive out without parking! Does anyone have any advice on whether I have grounds for a further appeal? The only possible evidence I can get that I didn't park there is if the Council have CCTV footage, which they may not have. Any advice would be appreciated, thank you in advance.

Comments

  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 7 November 2019 at 3:36PM
    There are grounds for a further appeal, possibly quite a few grounds!

    How long was the alleged 'overstay'?

    It sounds as if the driver was identified in the first appeal, is that the case?

    Check out other NCP POPLA appeals via the search function, there are likely to be some which involve similar circumstances. And read up on the POPLA process in the Newbies' thread - you need to familiarise yourself with POPLA & to start planning your appeal independently. Take ownership even if it seems confusing at first, things sink in so much better that way & you can still get advice when you need it.
  • Coupon-mad
    Coupon-mad Posts: 149,983 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You need to go on Google streetview to show POPLA how one car park feeds to the other, and ideally take a video on foot to show there is no barrier and people using the Council car park have to go past the NCP cameras, so this is not a properly given PCN.

    If you paid to park in the Council car park then show that evidence too as POPLA like that, it show your contract to park was elsewhere.

    The Council will not have CCTV and will not share it with you so forget that. Create you own evidence. Your POPLA code lasts about 30 days.

    And in addition, we have pre-written POPLA appeal templates in post #3 of the NEWBIES thread of course but we assume you started there (seeing as it's the sticky thread for newbies to read before posting), and that you are aware of how we write a submit DELIBERATELY VERY LONG POPLA appeals as a PDF attachment.

    No asking which POPLA boxes to tick or telling us you are restricted on wordcount!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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