Nearly 3 m for NCP to issue NTK - generating work? errors in it too

PhoebeDogWalker

Hi all.
The keeper got PCN this morning in the post. 
From NCP for parking in a station car park - so there was never a window ticket only ever through post. 
So presume no problem appealing this given outside the 14 day of issue - the alleged offence is dated 9-1-20 and date of sending notice is 27-3-20.
(Even though the keeper paid through Dash text on the 7th and 9th, they are trying to ticket for the 7th TO the 9th - ideally the keeper does not want to get in to that to and fro unless have to ). 
Thought would alert people, maybe working from home is giving them time to try and issue penalties from a long time ago for strange time periods and keep their income going.
Any thoughts?
PCN attached 

Redx

If it is a station car park as you allege above , then POFA and it's timescales do not apply apart from the 6 month rule for Penalty charge notices on non relevant land

If it's a private car park conveniently located near a train station , then POFA applies

Either way , appeal as keeper using the blue text template from the newbies FAQ sticky thread near the top of the forum

No blabbing about who was driving

D_P_Dance

It us not a fine, it is an invoice from an ex clamper, please do not think it is a fine.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but 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.

PhoebeDogWalker

Redx said:

If it is a station car park as you allege above , then POFA and it's timescales do not apply apart from the 6 month rule for Penalty charge notices on non relevant land

If it's a private car park conveniently located near a train station , then POFA applies

Either way , appeal as keeper using the blue text template from the newbies FAQ sticky thread near the top of the forum

No blabbing about who was driving

thanks for the response - how would one find out if it were station or private?  it is run by NCP, the link to appeal sends one to a greater anglia site for tickets?

LETTER - presume you mean TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING:
does that address the 14 day bit?

D_P_Dance

thanks for the response - how would i find out if it were station or private

How about writing to the TOC?

Redx

Check if it's owned by network rail or not

You stated it's a station car park , which is only a true statement if it's owned by network rail , if NCP own it or lease it privately , then it's nothing to do with the station , the TOC or network rail

Accuracy is important

You said it's a fine , it's not a fine , so again , accuracy is important

POFA defines the 14 days , nothing to do with anything else , the law defines it where applicable , it's not applicable to network rail land , but you made assumptions and we do not know the landowner details so cannot answer the question

There is only one blue text template for private vehicles in that newbies thread

The person paying for the parking is not necessarily the driver , so if you inadvertently reveal who was driving then you may lose protections under POFA , if POFA applies ?

Fruitcake

It is neither a fine nor a penalty. NCP have issued a Parking Charge Notice. 

The NTK is non PoFA compliant so at the moment it doesn't really matter if the car park is a railway asset covered by byelaws are not. 

Send the appeal template in blue from The Keeper. If you wish you could add a one liner that the NTK arrived too late for keeper liability to apply. If you can determine that the car park is covered by byelaws you can add a one liner to that effect as well, stating that the keeper cannot be held liable.

NCP may or may not even look at your appeal and just reject it no matter what you write. If that happens then you make a second stage appeal to PoPLA where your first point will be non PoFA compliant NTK. AS long as the assessor can count and understands the PoFA (and we have found many that can't) then you will win.


Before you do anything else though you should edit your post so that you only ever refer to The Driver and The Keeper. 
The Driver paid through DASH, The Keeper received the NTK.

Umkomaas

Read the linked thread below and follow advice there. Use either my version or BrownTrout's version of a response to NCP to achieve the desired result. Let us know how you get on. 

https://forums.moneysavingexpert.com/discussion/6121242/landowner-for-ncp-st-judes-birmingham/p1

Only one question from me - is your vehicle a hire/lease or company vehicle?

PhoebeDogWalker

Posts edited thank you all.

Privately owned car.
Will use blue template plus para re 14 days.  And update as progresses - will do online.

Re ownership of car park - the HOW CAN I PAY bit of the letter - sends to greater anglia site. 
Also, previously hire car bumped in this car park and when the driver was inquiring with NCP for cctv footage they said they 'MANAGED' the car park.  Does this help?

Redx

If greater Anglia is the TOC and if NCP say they manage the car park.  Then it appears to be network rail owned and therefore non relevant land for POFA

Either way , they failed POFA so the keeper has no liability , regardless of the facts of the case regarding payments etc

Appeal on their site as keeper using the blue text template , or if the other link is suitable , follow that advice

No point worrying about the details if it's a slam dunk win for a keeper on a technical knock out