NCP turns down appeal

eno1

Background - On 19/11/2019 we received 6 separate "registered keeper" PCN letters (all dated 15/11/2019) from NCP relating to car parking fees. Each letter referred to incidents on or before 16/10/2019 - some going back to Aug/Sept.

My wife visited and spoke with Citizens Advice who provided printed documentation stating that such notices had to be delivered to the Registered Keeper within 14 days of the incidents - none of which had been (at least 22 working days or 29 calendar days since the last incident). We therefore appealed as the registered keeper admitting no liability or who was driving the car, stating (and attaching) the advice we had received about the 14 day delivery of notice to keeper.

Today 18/12, we have received a further 6 individually issued letters (each dated 11/12), which all turn down the appeals with their reasoning stated as:

"We have reviewed your case and considered the comments you have made, Your appeal has also been considered in conjunction with the evidence gathered by our Automatic Number Plate Recognition Cameras, which record your entry and exit times. Our records show that the notice was correctly issued as payment was not made for your parking session" No referral to the gounds that we were appealling on - the 14 day delivery of notice to keeper!

They futher advise that our only avenue other than paying (within 14 days from the date of their letter which has allegedly spent a week in the post) is via POPLA.

They also claim that our appeal was received on 3/12 (which is hard to believe as it was sent 1st class recorded delivery 25/11 - will check the sign-for date later).

Has anyone else suffered such an appeal (PCN to registered keeper outside of 14 days of the incident) with NCP - and if you then pursued via POPLA what would be the best procedure?

Thanks in advance for any advice/comments.

Coupon-mad

Don't send stuff by recorded delivery to parking scam firms.

Don't consult the CAB about parking scam firms! I bet they told you that legally the NTK had to arrive within 14 days (not strictly true because they can send late ones, just not holding a keeper liable) but I am glad they made sure you didn't blab about who was driving!

You simply need to copy any POPLA appeal that talks about a late Notice to Keeper, plus use the usual other template points to make sure of a win. This is easy to win, each and every one, based on the POFA deadlines.

Did you miss the NEWBIES FAQS thread, at the top of this board? POPLA stage is fully covered in post #3 with template wording.

No link given or needed (see below - I tell you where to click back and what to read).

eno1

A quick update to advise that we were successful with all 6 appeals - these were lodged on 3rd January and we received notification dated 22nd January via email.

The actual wording from POPLA for each was:

"NCP APNR Rail - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge."

As well as highlighting the time lapse between alledged offence and issue of Notice to Keeper arguement, we also made a noise about the original rejection of appeal letter referring to "....your entry and exit times" and ".....payment was not made for your parking session" as if the keeper was or had admitted to being the driver when no such admission or proof had ever been made.

Whether the latter also helped I do not know, but for anyone else receiving a similar worded letter for same Notice to Keeper scenario, then it might be worth highlighting to POPLA that as well.

beamerguy

eno1 wrote: »

A quick update to advise that we were successful with all 6 appeals - these were lodged on 3rd January and we received notification dated 22nd January via email.

The actual wording from POPLA for each was:

"NCP APNR Rail - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge."

As well as highlighting the time lapse between alledged offence and issue of Notice to Keeper arguement, we also made a noise about the original rejection of appeal letter referring to "....your entry and exit times" and ".....payment was not made for your parking session" as if the keeper was or had admitted to being the driver when no such admission or proof had ever been made.

Whether the latter also helped I do not know, but for anyone else receiving a similar worded letter for same Notice to Keeper scenario, then it might be worth highlighting to POPLA that as well.

That is good news. So 6 appeals that NCP rejected and then at POPLA NCP chicken out ???

NCP are BPA scammers, they must be with this nonsense

Still, it saves BWLegal, the legals NCP use, being spanked another 6 times in the courts