PCN received over 2 months after incident

jost

They did provide camera pics of number plate on the NTK letter.

Umkomaas

jost said:

Umkomaas said:

Not sure what you mean by kitchen sink

A long, heavy in detail and complex series of arguments, both legal and technical. Before you recoil, the NEWBIES FAQ sticky, third post, gives plenty of template paragraphs as well as links to other examples of winning appeals. 

Have you received your POPLA code?

Do you have a verbatim copy of your appeal communication with NCP, if so let us see if you've left yourself any PoFA wriggle-room. Please post it up here. 

Thanks, I did read the Newbies thread but couldn't work out if it would help my case.
Yes they provided POPLA code.
Here is part of email-

Thank you for your appeal received on 1st April 2020 regarding the above detailed Parking Charge Notice.

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 the notice was correctly issued as payment was not made for your parking session. 

 

You now have 14 days from the date the letter is received to pay at the discounted rate of £60. If after 14 days payment hasn't been made the charge will increase to the full rate of £100.

 

.  

I was looking for what you said to NCP, not what they said to you. We know what they reply to an initial appeal, it's always the same - rejected!

jost

DOH! Sorry. No, its not showing on their page.
 I just said I was picking up a family member and their train was late running by 20 mins.
The car was parked 38 mins in total. 20 mins was allowed. . I did not give any more than that and nothing technical. I actually thought there may be some allowance for late running trains!

jost

I've been looking at POFA.  From what I can make of it these conditions have not been met.
Para 6.1a- no notice to driver given.
Para 61b  not met, in accordance with para 9.  9.4b and 9.5 notice to keeper not given within relevant period ie over 14 days
Para 7.1 no notice to driver as in para 6.1a
Para 8 .2 c  not met, as notice to keeper does not state notice to driver has been given
9.4b and 9.5 not met, as 64 days till notice received
Para 11.1 no evidence supplied of application made in relevant period

Is this enough to appeal successfully?
Thanks

D_P_Dance

No, you should  also metion signs, timeliness, contracts, ATA, etc., all set out in the newbies thread.

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.

jost

D_P_Dance said:

No, you should  also metion signs, timeliness, contracts, ATA, etc., all set out in the newbies thread.

I know there are signs at the carpark. I am not disputing that. It's the delay in receiving the notification. 

Umkomaas

jost said:

I've been looking at POFA.  From what I can make of it these conditions have not been met.
Para 6.1a- no notice to driver given.
Para 61b  not met, in accordance with para 9.  9.4b and 9.5 notice to keeper not given within relevant period ie over 14 days
Para 7.1 no notice to driver as in para 6.1a
Para 8 .2 c  not met, as notice to keeper does not state notice to driver has been given
9.4b and 9.5 not met, as 64 days till notice received
Para 11.1 no evidence supplied of application made in relevant period

Is this enough to appeal successfully?
Thanks

Once the driver is identified, PoFA has disappeared from you like a puff of smoke - gone. There is absolutely no point in trying to pursue it as the legal escape it would have provided you. 

D_P_Dance

Are the signs sufficient to form a contract though?

jost

D_P_Dance said:

No, you should  also metion signs, timeliness, contracts, ATA, etc., all set out in the newbies thread.

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.



Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Thanks, this is a railway NCP car park. Doubt it's a scammer. But did wonder why it was received so late and on 1st April!

jost

Oh, I don't know. Will go tomorrow and take some pics of the signs. Thanks