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NCP parking notice sent 4 months later

Hi guys,

About a week ago my uncle (registered keeper) received a parking notice from NCP while I was using his car. He then informed them of my details and they have sent the letter to me now. 

Over 4 months have passed since the date of incident and me receiving the notice. After reading this post which is a very similar notice to mine, people seem to suggest that the notice has arrived out of time as per POFA2012 schedule 4 and that I should be able to appeal this.

Would someone be kind enough to offer their advice?

Thank you.

Comments

  • 1505grandad
    1505grandad Posts: 4,419 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They now know who the driver is so POFA not relevant
  • Coupon-mad
    Coupon-mad Posts: 161,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 July 2023 at 11:09AM
    Sadly yes, the keeper should never have named you, and could almost certainly have won with one email appeal themselves saying they weren't driving.

    But now NCP know who was driving, all the deadlines under POFA no longer matter.

    It's a retail park so certainly try PLAN A before PLAN B (see the NEWBIES FAQS announcement thread for what those are).
    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
  • Sadly yes, the keeper should never have named you, and could almost certainly have won with one email appeal themselves saying they weren't driving.

    But now NCP know who was driving, all the deadlines under POFA no longer matter.

    It's a retail park so certainly try PLAN A before PLAN B (see the NEWBIES FAQS announcement thread for what those are).
    Thank you for your response. I've had a read of PLAN A complaint procedure, should I submit a complaint to one of the stores on the site or via the ncp appeal/complaints link? On the notice they say to refer to the same appeal link for complaints.
  • Umkomaas
    Umkomaas Posts: 44,400 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sadly yes, the keeper should never have named you, and could almost certainly have won with one email appeal themselves saying they weren't driving.

    But now NCP know who was driving, all the deadlines under POFA no longer matter.

    It's a retail park so certainly try PLAN A before PLAN B (see the NEWBIES FAQS announcement thread for what those are).
    Thank you for your response. I've had a read of PLAN A complaint procedure, should I submit a complaint to one of the stores on the site or via the ncp appeal/complaints link? On the notice they say to refer to the same appeal link for complaints.
    If it's a multi-outlet retail site, you're probably best looking for a managing agent who is responsible for the communal car park and is more likely to have contracted NCP. You can often find their name on the welcome totem which lists all the retailers on site, usually at/near the entrance to the car park, otherwise try Google search, or ask one of the retailers.  If it's a single retailer car park, then a complaint to the store manager is the route to follow. 

    Exhaust this before you appeal to NCP, but don't miss the NCP 28-day deadline. If/when you need to appeal to NCP, use the blue text initial appeal template from the NEWBIES FAQ Announcement, first post.
    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
  • Thank you guys! I will try your suggestions and update accordingly.
  • Update:

    The site owners completely ignored my complaint, so I went ahead and appealed the decision with NCP, using the blue text which I slightly amended. 

    NCP have responded today and accepted my appeal citing the below reason:

    "We have identified technical issues with some of the pay machines at the car park whilst you were parked, therefore we accept your appeal and apologise for any inconvenience caused"

    Thank you so much for your help!

  • Coupon-mad
    Coupon-mad Posts: 161,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Update:

    The site owners completely ignored my complaint, so I went ahead and appealed the decision with NCP, using the blue text which I slightly amended. 

    NCP have responded today and accepted my appeal citing the below reason:

    "We have identified technical issues with some of the pay machines at the car park whilst you were parked, therefore we accept your appeal and apologise for any inconvenience caused"

    Thank you so much for your help!


    That is good news!

    But do tell the driver NEVER to appeal as driver in future.  They got lucky here...!
    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
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