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

Coupon-mad

I already explained it earlier in this thread and I gave and named the EXACT CLAUSE from POFA that is clearly missing.

aphex007

Coupon-mad said:

I already explained it earlier in this thread and I gave and named the EXACT CLAUSE from POFA that is clearly missing.

To be clear you are referring to @swanny_1 previous post/question at the end of page 2 aren't you?

Grizebeck

Just use the wording given

aphex007

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

@Grizebeck by the way, thanks for digging the wording out for me, much appreciated 

aphex007

KeithP said:

aphex007 said:

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

Absolutely right.

Thanks @KeithP I must have missed this comment the other day! But are we still in agreement and I should still stick with the advice from @Coupon-mad and go with the NTK/non-POFA route ONLY and not additionally divulge any other information about like the paying for parking in the other car park?

Grizebeck

aphex007 said:

KeithP said:

aphex007 said:

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

Absolutely right.

Thanks @KeithP I must have missed this comment the other day! But are we still in agreement and I should still stick with the advice from @Coupon-mad and go with the NTK/non-POFA route ONLY and not additionally divulge any other information about like the paying for parking in the other car park?

Why are you still asking when you have been told what to use 
I never understand why people to continue to question and dont just crack on

fisherjim

aphex007 said:

KeithP said:

aphex007 said:

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

Absolutely right.

Thanks @KeithP I must have missed this comment the other day! But are we still in agreement and I should still stick with the advice from @Coupon-mad and go with the NTK/non-POFA route ONLY and not additionally divulge any other information about like the paying for parking in the other car park?

The regulars on here know what they are talking about, you came for advice and still want to try it your own way!

You are dealing with a scam industry not John Lewis, if payment was made at the wrong car park it was the wrong car park full stop.

NCP are greedy, they have always been greedy even before the great parking PCN scam started they won't care.

They will just spout that "signage complies with BPA guidelines and is clearly displayed all over the car park"  and you may out the driver in the process.

The non POFA route works because they will lose at POPLA and won't risk losing the POPLA fee going there.

aphex007

@Grizebeck as I said I missed KeithP's comment the other day and I guess I'm just double, double checking!

I'm also thinking in terms of genuine parking mistakes, but realise I need to think more like the companies issuing these PCN's/NTK's and that they don't care either way!

I will crack on, thanks.

B789

aphex007 said:

@Grizebeck as I said I missed KeithP's comment the other day and I guess I'm just double, double checking!

I'm also thinking in terms of genuine parking mistakes, but realise I need to think more like the companies issuing these PCN's/NTK's and that they don't care either way!

As has been noted already, just DO IT!!! Invariably, POPLA and anyone else involved in dealing with "appeals" does not give a rats-poop about "genuine mistakes". The more someone pleads "poor me", the more they rub their hands in glee, thinking about the money that is going to come their way.

You MUST consider the points of LAW that will win you an appeal or a court case. Just stop worrying about anything else for now. You have a 100% win here with the NTK being non-POFA compliant and therefore the NCP CANNOT transfer liability to the KEEPER. It is incumbent on NCP to identify the driver and chase the driver. If they don't know who the driver is, they have nowhere else to go.

All too often, we read on here about "victims" who have been in touch with a PPC trying to mitigate their plight with some excuse which, invariably, ends up "outing" the driver and turning a once 100% winnable appeal into a frustrating exercise which causes lots of extra, repetitive work for the forum regulars whose valuable time is wasted fighting an uphill battle to try and help the "poor little me" who thought some mitigating excuse that did not involve a point of law would have helped them.

Do as advised. If you are still curious about how POFA applies to your case, take some time and carefully read through the law regarding POFA and see how it is to your benefit.

Coupon-mad

Yes - just use Grizebeck's appeal!  Only tick REGISTERED KEEPER on any drop-down menu.