POPLA Appeal rejected for PCN from NCP

saddlesore8

Hi

My wife parked in an NCP car park. She put her debit card in the payment machine and entered her PIN but the machine didn't issue a receipt.

She assumed the machine had run out of paper but she wasn't concerned because the signs said she didn't need to display a ticket (as Number Plate Recognition was used).

The next working day, she checked her bank account and noticed the parking charge (@£8.00) hadn't been taken. 

She immediately contacted NCP to explain and to try to put things right. (She has a copy of the online conversation with NCP.)

NCP refused to help or let her pay at that time. She was informed a PCN had already been issued.

She has never tried to avoid making payment. 

NCP and POPLA have rejected her appeals (so the original £60 has become £100).

Is there anything more she can do at this point? (She's written to her MP).

Does she have strong enough grounds to go to Court if they pursue it further?


Thank you in advance.

Coupon-mad

I guess she's admitted to driving in the appeal?

saddlesore8

Coupon-mad said:

I guess she's admitted to driving in the appeal?

Yes, my wife admitted she was driving. She chased it up with NCP (on their chat facility) as soon as she saw the payment hadn't been taken from her account. (Foolish, I know)

Coupon-mad

Contact her bank to check whether they can see the attempted transaction and why it wasn't 'collected' by the trader.

We had cases with NCP in 2021 where people were paying but NCP were (due to some error) not fulfilling their side by taking the money offered.  The bank was able to confirm that the issue was NCP not taking the money!

saddlesore8

Coupon-mad said:

Contact her bank to check whether they can see the attempted transaction and why it wasn't 'collected' by the trader.

We had cases with NCP in 2021 where people were paying but NCP were (due to some error) not fulfilling their side by taking the money offered.  The bank was able to confirm that the issue was NCP not taking the money!

Thanks. I'll call the bank now.

saddlesore8

No luck with the bank. They couldn't see a 'failed' or 'attempted' transaction on that day. :-(

Coupon-mad

OK so this will be resolved in court. A Judge will like this, so keep this evidence:

The next working day, she checked her bank account and noticed the parking fee hadn't been taken. 

She immediately contacted NCP to explain and to try to put things right. (She has a copy of the online conversation with NCP.)

NCP refused to help or let her pay at that time. She was informed a PCN had already been issued. 

saddlesore8

Any idea of likely costs if she goes to Court and loses? (As a teacher, she may not be able to take time off for Court. I may have to attend if she chooses to go down that route.)

Coupon-mad

You could go with her (and even be a witness if you were there too) but you can't attend instead of the defendant.

if she gets a claim she will have the chance to declare all 'unavailable dates' on the N180 anyway (she could explain she is a teacher and cross off all term dates - perfectly reasonable).

The NEWBIEs thread already tells everyone in the 2nd post that there is NO huge costs risk by defending a claim, even in the 1% of cases we see lost. £200 is about what would be ordered, all told (INCLUDING THE £100 PCN) in the unlikely event of a loss in the case of a properly defended claim where the D turns up to the hearing.

Many small claims hearings are remote, by phone or video. Perfectly accessible for a teacher and perfectly winnable.

saddlesore8

My wife is undecided and keeps asking me if she should pay the £100 (due tomorrow - 28 days after POPLA appeal failed) or go to court.

Are there any points I can pass on to help her decision please (other than the fact the operator shouldn't be able to get away with robbing people like this)?

She said she doesn't think she could be bothered with the hassle and stress of going to court.

Thanks again

Umkomaas

Are there any points I can pass on to help her decision please (other than the fact the operator shouldn't be able to get away with robbing people like this)? 

Perhaps the fact that NCP court hearings are as rare as hens' teeth. Remember, the vast majority of all (not just NCP) private parking court claims are just the ratcheting up of the debt collection process via the manipulation of the small claims court process.  Many motorists just capitulate through fear and pay up, even though most PPCs have no real intention of following through on the claim. 

Do a forum search on 'NCP hearing' (or similar) and find just how many claims get that far. Hope you enjoy a needle in a haystack challenge. 

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https://forums.moneysavingexpert.com/discussion/6289402/weve-updated-the-search-function/p1