Paid for NCP parking but vehicle was then parked in the wrong NCP car park?

aphex007

Hi All,

Hope everyone is finding my example WS useful!

Well looks like I'm back here again with my 2nd post!  Obviously to get up to date I will re-read the newbies thread on this, but thought I would make a quick post for some initial advice?

So this evening I just opened up nice (delayed) letter from NCP with a Parking Charge Notice to Keeper!  Basically in a nut shell there is evidence of payment for the correct time scale of parking but the vehicle was then parked in the wrong NCP car park.  They are both next to each other, in fact when driving through the initial same road/main entrance to get to get to car park #2's actual entrance (which has ANPR), you would have to drive a bit further past the car park #2 entrance to get to car park #1 (go figure!), which I believe is on an upper level.

To clarify the vehicle should have been parked in car park #1 and not #2.  There are still about 5x days to register an appeal, any words of advice for the appeal stage?

Many thanks,
aphex007

Coupon-mad

You must be drowning in notifications - sorrreeee!

😃


NCP probably haven't used the POFA wording and so (AS LONG AS YOU DON'T TICK 'DRIVER' ON NCP's APPEALS PAGE) you can kill this by using the non-POFA get stuffed style appeal that @Grizebeck has posted a few times recently. 

aphex007

Haha yes I get a fair few notifications/emails!

Thanks, I will check for that tick box.

Are you referring to POFA wording on the hard copy PCN they sent me or on the NCP appeals page?

Also should I still provide evidence/receipt for paying for the "other" car park space for "the car".  Or is that a waste of time?

Coupon-mad

Also should I still provide evidence/receipt for paying for the "other" car park space for "the car".  

Eek no - because that might suggest who was driving and would bin the winning point!

I mean the NTK is non-POFA.

aphex007

OK but to clarify the parking was paid for in advance a few days before.  Surely the person paying for the parking does not automatically mean they are the person driving the vehicle?

I just thought it would be another angle for the appeal to be upheld regarding an honest error or am I just not getting it, and they will never be reasonable?

Coupon-mad

Please look and confirm that the NTK is non-POFA because that's 100% slam dunk guaranteed win.

KeithP

aphex007 said:

Surely the person paying for the parking does not automatically mean they are the person driving the vehicle?

Absolutely right.

aphex007

@Coupon-mad thanks for the further reply.  Pardon my ignorance but as you know I never went through this stage with my other PCN.

Therefore to clarify when you say NTK is that the "Notice to Keeper" which is basically the same as the letter received which states at the top "Parking Charge Notice to Keeper" (PCN), have I got that that correct?


Also in terms of the non-POFA what am I looking for to know it's non-POFA?  As a "starter" is it mainly this first section below from the NEWBIES!! Post:

aphex007

I was going to say also the section above titled TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING

but I'm just not sure, if it fully applies in this instance?

Coupon-mad

aphex007 said:

I was going to say also the section above titled TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING

but I'm just not sure, if it fully applies in this instance?

It does the job as a one-size-fits-all template, but for non-POFA NTKs, Grizebeck's "non-POFA get stuffed" style appeal he posts here fairly often, is more direct and should see NCP give up.

Yes, you are looking at the right place to check your NTK against paragraph 9 if Schedule 4.  Easy peasy.

Clue: look at the wording required: para 9(2)f

aphex007

@Coupon-mad OK so para 9(2)f states this:




and the NTK/PCN states this in regards to the "creditor":





I also note that the document arrived "AFTER" the 14 days period, so there was no option to pay the reduced amount of £60. 

But confusingly on the reverse of the documents it states if you appeal before 28 days of date of issue "you don't need to worry about the charge increasing between your appeal being submitted and the decision being made (see also photo below of the reverse side):