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

2

Comments

  • Coupon-mad
    Coupon-mad Posts: 162,315 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 January 2023 at 10:43PM
    You aren't looking at the right paragraph in the NTK but that is definitely NOT COMPLIANT WITH POFA is it?!  You can see this right there.

    Nothing to do with the 'creditor' line...

    Nothing to do with the bit on the back...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • aphex007
    aphex007 Posts: 103 Forumite
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    edited 15 January 2023 at 5:02PM
    I'm being dumb and/or tired!  ;).  Which paragraph on the NTK is it please?  But glad to here you say it's definitely not compliant with POFA :-)
  • Umkomaas
    Umkomaas Posts: 44,475 Forumite
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    aphex007 said:
    I'm being dumb and/or tired!  ;).  Which paragraph on the NTK is it please?  But glad to here you say it's definitely not complaint with POFA :-)
    It's the one that starts 'Please be warned'. There is no warning (as per 9(b)(f)) that they are holding the keeper liable. Check it pedantically against PoFA Schedule 4, but take my word, it doesn't comply for keeper liability. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • aphex007
    aphex007 Posts: 103 Forumite
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    edited 12 January 2023 at 11:22AM
    Thanks @Umkomaas so basically this NTK has NO warnings to the KEEPER.  Thus making it non-POFA, is that correct?

    So I need to completely forget the angle a talked about earlier i.e. that I paid for NCP parking for the car park next to this one (which I have proof of payment for) and ONLY go down the root Coupon-mad advised of i.e. non-POFA get stuffed style appeal that @Grizebeck has posted a few times recently.

    Can somebody please give me direct link to the appeal template (I need to send to NCP) that's from Grizeback's posts, as I'm struggling to find it?  :#
  • Coupon-mad
    Coupon-mad Posts: 162,315 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can just click on his username and find it in his recent replies (more than once).  We'd have to do the exact same search as you to find it!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • As Coupon-mad suggests.

    Click on his username, (It's highlighted in blue in your last post @Grizebeck) This will take you to his profile. 

    From his profile on the top left, there is a white activity box (Just under the title MSE Forum)  

    You can then click on discussions or replies and within them you will find what you are looking for. 



  • fisherjim
    fisherjim Posts: 7,111 Forumite
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    edited 12 January 2023 at 10:55AM
    aphex007 said:
    So I need to completely forget the angle a talked about earlier i.e. that I paid for NCP parking for the car park next to this one
    You don't need to go there and might trip yourself up, but you are dealing with a greedy bunch of Muppets that make up their own rules to catch people out, they will just reply that there are no records of payment for that vehicle in that car park, our signage is clear, Note: they aren't John Lewis!

  • aphex007
    aphex007 Posts: 103 Forumite
    100 Posts First Anniversary Photogenic Name Dropper
    As Coupon-mad suggests.

    Click on his username, (It's highlighted in blue in your last post @Grizebeck) This will take you to his profile. 

    From his profile on the top left, there is a white activity box (Just under the title MSE Forum)  

    You can then click on discussions or replies and within them you will find what you are looking for. 



    Yes thanks @vegansaver I know how to get to the "Discussions" from users profile. I have had enough notifications by now from circa June 2022 that give various instructions on how to get to my own profile "Discussions" tab to access my example WS! :D;)

    I just can't find the non-POFA template advised for this in Grizebeck's profile recent Discussions. I will persevere, but it won't be until late tonight or tomorrow evening now, until I can look again.

    @All @Coupon-mad when I do eventually find it, can one of the admins not just add a direct link to it in the non-POFA **NEWBIES!!.... post, so it's easier for future people to find?  Just my 2p suggestion


  • swanny_1
    swanny_1 Posts: 36 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Grizebeck said:
    @aphex007

    Here it is

    this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw
    I have just posted referring to receiving a late notice. Can you please confirm how a PCN is non POFA compliant? is it just a case of POFA not being quoted within the text of the letter?
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