NCP Parking Charge Notice to Keeper

everyman198

Hi,

After spending all day reading the newbie posts, and subsequent threads, I'd be very grateful if I could just run through my thoughts with everyone.

I am the registered keeper.  The driver parked the car in an ANPR enforced NCP car park.  Both parking machines were displaying "Out of order" and the driver took photos of said machines.  The driver called NCP customer support and was told they'd call back (mobile phone bill as proof & call log screenshot).  The driver then received a phone call from a London number, and paid £2.50 over the phone (call log screenshot as proof).  The following day, NCP debited £2.50 as evident by bank statement.

Today I received a PCN for "Parked without payment of the parking charge" in the post, nothing was attached to the windscreen.

Date of incident 4/1/2022

Date of sending 31/1/2022

Should my appeal be roughly.....

- Machines out of order - driver made good faith in trying to pay (here's photographic proof)

- Driver did in fact pay (heavily redacted bank statement which names no names)

- As the NTK was sent well over 14 days, they can only hold the driver liable and I am under no obligation to reveal their identity

A part of me just wants to believe that they'll just cancel the charge after proof of payment, but I'm worried they'll screw me over a technicality.

D_P_Dance

A part of me just wants to believe that they'll just cancel the charge after proof of payment, but I'm worried they'll screw me over a technicality.

A judge would be highly unlikely  to do that..  He/she would be more likely to find for you.

Coupon-mad

Yes to the keeper's suggested appeal.  Perfect!

everyman198

Thanks both. I actually won at the first appeal, didn't even get to PoPLA. Here's my appeal for anyone in the future looking for ideas and hints.

===

I can confirm that I am the registered keeper but was not the driver, as I was at work in another city whilst your alleged breach of the terms and conditions occurred.

When arriving at "Pontypridd Goods Yard", it was discovered that all the payment machines were out of service. I attach photographs, clearly taken on the 4/1/2022 proving this. {1}{2}{3}. Original copies with time stamped metadata and geolocation can be provided. There is a charge of £50 for this.

At 14:00 a telephone call to your customer services was made. I attach an itemised mobile phone bill {4} and a screenshot of the phone's call history {5}. After a quite frankly unacceptable wait, a promise of a call back was made.

At 14:22 a call back was finally received. Again, I attach a screenshot of the phones call history clearly demonstrating this {6}.

Payment was made during this phone call and I attach a redacted bank statement proving this. {7}

As clearly demonstrated, your allegation of "Parked without payment" is without merit and this penalty charge notice has been sent in error. My personal information should never have been requested and I have made a formal GDPR complaint to the DVLA and have submitted a report to the ICO. I thank you for your recommendation to do so.

Should you decide not to uphold my appeal, I notice by your own admission that you have failed to notify me within the required 14 days under the Protection Of Freedoms Act 2012. Therefore you are unable to transfer the liability to myself.

I would also like to call into question the "photographic evidence" you have supplied to me. It clearly shows that the car was picked up on the "approved ANPR" entrance camera at 15:18:23 and the "approved ANPR" exit camera at 13:52:32. To the best of my knowledge time travel remains out of bounds.

I urge you to cancel this penalty charge notice at your earliest convenience as I have wasted a considerable amount of my time formulating this appeal due to your shoddy record keeping and inaccurate accusation, especially during the process of submitting my appeal.  As a Chromebook and Linux user, I have spent all morning fighting against your antiquated and punitive file upload restrictions.

Should you require any more information then please feel free to contact me on the given email address. My fees are £40 per submission.

I ask that you reply in both English and Welsh,

Diolch yn fawr.

1505grandad

"I actually won at the first appeal, didn't even get to PoPLA. Here's my appeal for anyone in the future looking for ideas and hints."

"I ask that you reply in both English and Welsh,"

Well done  -  did you get the reply in both?

Coupon-mad

I love that!  Brilliant!

Can you show us these pictures with your VRM redacted?  Could it be pictures taken on 2 days (two visits)?

I would also like to call into question the "photographic evidence" you have supplied to me. It clearly shows that the car was picked up on the "approved ANPR" entrance camera at 15:18:23 and the "approved ANPR" exit camera at 13:52:32. To the best of my knowledge time travel remains out of bounds.