NCP paid for wrong car park

Forum_searcher

Hi,  (specific details removed)

I have read the standard responses and FAQ's, but not sure if they apply in this case as I would hope that a common sense approach would be adopted by NCP. 
However, I am of course skeptical.

The Mrs parked in her usual NCP car park and selected the auto location finder on her phone.  She paid for 24 hours parking (we of course have evidence of this).
32 days later they sent a Parking Charge Notice to Keeper for £100
It correctly shows the car entering and leaving that car park but we also have evidence of paying for another NCP car park with the same charge rate.

Do I need to adopt the standard template and appeal on signage etc or are the facts that the letter was sent late (32 days) and that it was a simple error on the location app that caused this?
Does common sense exist?

Whilst checking the facts on this, the Mrs has also found that on a different occasion she parked in the same car park and correctly paid parking there.  Running late she went online and topped up her parking for an extra hour (again have evidence of this) but somehow managed to select the wrong car park!  Her top-up fee was assigned to an NCP car park that she wasn't in.  We have not received Notice to Keeper on this yet (she was only 15 minutes over the original time anyway so it might not come through)

I note that accredited companies are now allowing registration mistakes as an exemption to paying fines.

Thanks
Forum_searcher

Coupon-mad

Common sense does NOT work.  Do not throw away the nailed on slam dunk POPLA winning appeal position a registered keeper has!

Both PCNs should be appealed by adding a line about the lack of keeper liability/too late for POFA 2012, to the template appeal.  Categorically NO saying who parked or paid or the story of what happened.

We assume her car is not hired, leased or a company car.

Forum_searcher

Coupon-mad said:

Common sense does NOT work.  Do not throw away the nailed on slam dunk POPLA winning appeal position a registered keeper has!

Both PCNs should be appealed by adding a line about the lack of keeper liability/too late for POFA 2012, to the template appeal.  Categorically NO saying who parked or paid or the story of what happened.

We assume her car is not hired, leased or a company car.

Thanks Coupon-mad
I was hoping a simple honest explanation might have been enough,  but feared I would have to take this more evasive approach. 

Yes, the vehicle is privately owned, in her name and no ticket was left at the time. 

I will read through the template response again. 

thanks

D_P_Dance

Have you complained to your MP?

Forum_searcher

D_P_Dance said:

Have you complained to your MP?

Not at that stage yet, hoping for common sense resolution before that point.

Coupon-mad

No chance if that happening, and don't blow the keeper's toes off by trying.

This is a rogue industry and getting two non-POFA NTKs is the reason the appeal will win as long as the keeper doesn't say who was driving.  It might be evasive but it's currently the only way to win this done.  You have to play the game in the way that will win.

Things will change next year with the new law regulating PPCs and a proper appeals service not run by the Trade Bodies. 

D_P_Dance

Common sense does not exist in this industry.  Have you not  done any research? 

Forum_searcher

I'm forever the optimist  

D_P_Dance

And we are realists.

Coupon-mad

I sm optimistic of a landowner cancellation but you can't appeal to a PPC and win that way.  

Forum_searcher

Coupon-mad said:

I sm optimistic of a landowner cancellation but you can't appeal to a PPC and win that way.  

Hi Coupon-mad,  any chance you can check this for me please?  I would hate to make a !!!!!!-up on this.  thanks

I dispute your 'parking charge', as the keeper of the vehicle. 

I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn.   

There is a lack of keeper liability in relation to these claims.

Reference to the alleged date of offence 23/08/21.  The sending date of the NTK of 24/9/21 is some 32 days afterwards.  I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to notify the keeper within 14 days beginning with the day after that on which the specified period of parking ended as mandated by section 9 (4) (b) and (5) of the Act. You cannot therefore transfer liability to the keeper.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Since your PCN is a vague template, I require an explanation of the allegation and your evidence. 

You must include a close-up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

Please provide all financial transactional information in relation to this vehicle.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Please provide contract evidence with the landowner.