Challenging an NCP parking charge

Bazza8917

I am looking to challenge an NCP parking charge, but am unable to use the POPLA appeal process as the letter I received from NCP rejecting my initial appeal wasn’t received until after 28 days. The verification code required by POPLA had therefore expired. I was intending to simply write to them refusing to pay & inviting them to start legal proceedings, but somebody has warned me that NCP could enter a record on my credit history showing an outstanding debt! Is this correct & if so, how do I deal with this?

Coupon-mad

somebody has warned me that NCP could enter a record on my credit history showing an outstanding debt! Is this correct & if so, how do I deal with this?

Like any other person they can sue in the county court, but the NEWBIES thread tells you about that and we win. 

Even people who lose don't get an adverse credit record (CCJ) remaining, so your friend is wrong to say that can just put a CCJ on!  They have to win in court first and then a CCJ only remains if you didn't pay after losing (and almost no-one loses here and no-one gets a CCJ).

How can the rejection letter have arrived a month later than sent, or were you not at that address?  If they delayed it, complain to the BPA.

Bazza8917

We appealed through the NCP payment portal, but heard nothing until we received a further notice increasing the charge to £100. We then appealed again, this time by post, but again heard nothing until we received a letter from a debt collection agency, increasing the fee to £160! On contacting the agency, they claimed NCP had responded to our initial appeal &, on request, forwarded a copy of the letter containing the verification code. This was the first time we had seen this letter, which was now over 28 days old!
With regards to the credit record, my friend wasn’t referring to a CCJ, but simply a record of an Outstanding Debt owed to NCP. I’m not sure if this is possible, but if it is, it may have the potential to effect future credit.

KeithP

Bazza8917 said:

With regards to the credit record, my friend wasn’t referring to a CCJ, but simply a record of an Outstanding Debt owed to NCP. I’m not sure if this is possible, but if it is, it may have the potential to effect future credit.

It isn't possible. There is no debt until a court says there is a debt.

Coupon-mad

There is nothing to worry about.   Your friend is wrong.

THEY CANNOT AFFECT YOUR CREDIT RATING UNLESS YOU LOSE IN COURT THEN REFUSE TO PAY.

PPCs try this 'we sent a POPLA code ages ago' trick all the time.  Come back if you get a court claim.  STOP STOP STOP ringing the daft debt collectors...people need to read the NEWBIES thread first.

AND - CALLING ALL NEWBIES!

Please now make a real difference because not enough people have yet, and time is running out.

An urgent task – deadline approaching in about ten days:

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  Submit comments as soon as you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

HOW TO DO THE SUBMISSIONS:

1. Read the cover letter

2. Read the cover letter again and note the suggested extra questions...and if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list.  

 

If you do nothing else, please comment on:

- the amount of the parking charge levels

- the annexes at the end of the PAS (reading through the whole thing takes hours so if you have nothing to say about the definitions, for example, then skip to more vital points and the annex tables at the end.

- the bit about debt collectors and whether you think PPCs should be allowed to add 'costs' a second time, for the letters that are already within the rationale of the 'parking charge' sum...hmmm...

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives but this doesn't take long.

 

 On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written!   But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.  

You have to go back up and find the next section, then the next...

You have to click ‘submit’ separately for each individual clause response.  Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

Things to think about:

A Speeding fine is £100.  A Local Authority lower rate parking penalty is £50.  Which do you think a private PCN should be like or do you think it should be something different?  

Do you think if all payment methods are not functioning that PPC can 'fine' you?

 

Do you think the examples mentioned in the cover letter are right and need adding to the Annex?

 

etc. etc.

 

 

Umkomaas

On contacting the agency, they claimed NCP had responded to our initial appeal &, on request, forwarded a copy of the letter containing the verification code. 

Just check that verification code here to see if the dates they quote tally with it. 

https://www.parkingcowboys.co.uk/popla-code-checker/

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

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, and darfts have beenopened for publc consulatation,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, under new legislation 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/

Please also read these and have your say

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

fisherjim

You are dealing with a two bit parking company that have joined other two bit parking companies in a money making parking scam.

They are not an authority why do you think they can just brand you as a debtor without any third party intervention, checks, or official judgement.

They send their silly invoices out like confetti with all sorts of threats and intimidating wording most of which is carefully designed, and subtly vague to frighten people like you.

nosferatu1001

Your friend is incorrectly informed. They might be thinking of say a credit card, where teh CCA1975 means there IS a dbet, it does not need to be proven first in court. 
There is no such law here, so there is no existing debt. 
You may want to correct them.