NCP app discontinued, auto pay customer left with many PCNS

Flashaaahaa

Hi 
wanted to know if any others were caught out by NCP changing their park pass app on the 30th June.
Has anyone else started to receive PCN's for every park since then?
My total was 4 in one go on Tuesday and another today, expecting at least another 10-15 for all the times I parked at work in an NCP carpark and expected my app to charge the auto pay feature which it has done for the last 2 years...
The broken app obviously didn't inform me, I checked and amongst them many "NCP paid" emails in my junk folder I received 2 warning emails about app changing, one  5 days before the apps closure and the other the day before, that was 30 June and I received my first batch of notices 8 th August... waiting on the rest...

Seems like licence to print money, just change the app every few years...

The_Unready

I haven't been caught out, but thanks for the info - I've just updated my NCP app.

Coupon-mad

Flashaaahaa said:

Hi 
wanted to know if any others were caught out by NCP changing their park pass app on the 30th June.
Has anyone else started to receive PCN's for every park since then?
My total was 4 in one go on Tuesday and another today, expecting at least another 10-15 for all the times I parked at work in an NCP carpark and expected my app to charge the auto pay feature which it has done for the last 2 years...
The broken app obviously didn't inform me, I checked and amongst them many "NCP paid" emails in my junk folder I received 2 warning emails about app changing, one  5 days before the apps closure and the other the day before, that was 30 June and I received my first batch of notices 8 th August... waiting on the rest...

Seems like licence to print money, just change the app every few years...

You won't be paying a penny for these PCNs.  Complain to NCP and get your MP to complain on your behalf to the DVLA and BPA but...DO NOT SAY WHO WAS DRIVING!

This is VITAL to get right.  Say 'we' were shocked when we saw all these PCNs arriving and we need your help to complain to the British Parking Association about NCP...  

NOTHING implying the driver!

This is sharp practice IMHO. The BPA won't want an MP sniffing around right now, at a crucial month for the parking industry!  They are about to be regulated to stamp out rogue conduct.

Your case is somewhat similar to this recent NCP thread in terms of the sneaky way the change of terms has happened behind your back:
https://forums.moneysavingexpert.com/discussion/6464559/how-do-i-appeal-season-ticket-and-also-out-of-time-ntk-leased-vehicle/p1

No-one will be paying.

Something as fundamental as this has to be PROMINENTLY proclaimed or it's illegal (Consumer Rights Act 2015).

However, they are all dead easy to appeal so do that too, like a military operation, one by one as REGISTERED KEEPER (do NOT tick 'driver') and put this as each and every appeal:


This is an appeal by the registered keeper.  Be advised that we have contacted our MP to complain about NCP to the BPA and DVLA. You are having a laugh if you think it's not rogue practice to secretly change your app (which we only found out later) without prominently warning motorists in advance, with extra signs and by letter and urgent texts.  I bet we are not the only victims of your sneaky app change of terms.

But hey ho, you will cancel these PCNs soon enough and you presumably realise you are sailing damn close to the wind during the DLUHC's vital Parking Code 'call for evidence' month.  A PCN has a deterrent value does it? What deterrent in this case? Rhetorical question because you don't know the meaning of the word, or the meaning of fairness.

We will be using this case as an evidence example of 'extorting money from motorists' in our submission now that we've seen how you operate against paying app customers. Anyway:

No driver details will be given. Please do NOT try the usual 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 automatic win at POPLA.  Get lost.

ECOPURECLEANING

Hello - i wondered if anyone had successfully appealed based on the above template?

Coupon-mad

ECOPURECLEANING said:

Hello - i wondered if anyone had successfully appealed based on the above template?

Everyone succeeds. It's impossible to lose. But you don't need a template.  And the DLUHC's Call for Evidence has closed.

Mad_Ferret72

Hi apologies for asking again. Just wanted to check if this worked and if others have fallen foul of the Auto-pay system?

I am happy to use some of this text in this thread (although this falls outside of the DLUHC call for evidence) so that will need omitting.

For information 
NCP's auto pay system and App changes.
It seems some car parks  are undergoing "maintenance" and you now have to pay within 72 hrs of parking. For the last 2 year's they auto charged a commuter fee on exit using their ANPR system.

It seems they did email to inform me of this maintenance but went into junk so no proof of me receiving their communication. No letter or text or any other communication. 

The biggest issue is that they have massively delayed notifying me, racking up PCNs.  The first I realised was today 3rd Jan 24 recieving 3 PCNs for parking on  28.11.2023,  11 & 12. Dec 2023 .  There are more on the way. I know there's a 14 day rule. 

The manner in which they've gone about this is appalling. 

So I'll write to my MP and make a complaint perhaps a little more toned down than above.
Welcome any more advice.

Keep it up btw. You guy's are all doing an amazing job helping people!!!

Thanks in advance 

Fruitcake

Why would you tone down a complaint about an unregulated private parking company when they are continuing to issue PCNs after they have been made aware of the problem, and the BPA appear to have done nothing either?

Coupon-mad

I am happy to use some of this text in this thread (although this falls outside of the DLUHC call for evidence) so that will need omitting. 

I don't know what you mean.

The CfE closed but it is being worked on by the DLUHC of course, as we speak

Mad_Ferret72

Thanks again everyone! Keep it up.

It's pretty stressful getting all these PCNs but thank you you and your great work I have nailed it. And will post again once I have heard back.  I will be methodically appealing each PCN via the NCP online system as registered keeper. I have set out why I am appealing based on the above points, ( I made it a bit more formal - just preference) 

Appeal is essentially.
1. Poor practice of not fully informing app users that NCP was not taking Auto payments and written to MP and BPA on this point. and that I will NOT tell you who was driving. I've used this which is some of your text but I wanted to formalise it. I haven't even bother to mention that they were outside of the 28 days period for some of them.

I know you guys are hardened to this but wanted to frame the appeal in my way. 

PCN No. XXXXX

I am the Vehicle Keeper responding to the penalty charge notice issued to my vehicle by NCP. This is an appeal by the registered keeper.  Be advised that I will also be contacting my MP to complain about NCP's tactics and to the BPA and DVLA. Having updated your app you have a problem with your Auto Pay system (which we only found out later). You have failed to prominently warn motorists in advance, with extra signs and by letter and urgent texts that your AutoPay system was not working at this site.  We will be using this case as an evidence example of 'extorting money from motorists' in our submission to our MP now that we've seen how you operate against long term app paying customers. 

Due to your app failing to take automatic payment, no driver details can be provided. Please do not  try asking for driver details in order to get around the fact your NTK does not comply with POFA. If the appeal is rejected, please provide a POPLA code so the matter can be referred to them via the POPLA website. As the keeper you will be aware that liability cannot flow from the driver to the keeper.

--END--

I'll keep you posted on how my appeal goes - but as you say having now researched properly it should be an auto win. 
For anyone else falling foul of Auto Pay App "maintenance" NCP's letter I believe makes them non compliant. If only they had taken the money via the App in the first place they would've been paid!
 

Note - letter from NCP

Dear Mr. Xxxxx,

The driver of the above vehicle is liable for a Parking Charge of £100 This charge relates to the period of parking specified in this document, the charge having been incurred due to the following breach of the car park terms and conditions of use: Parked without payment of the parking charge and liability for the same having been brought to the attention of the driver by clear signage in and around the site (Manchester XX ) at the time of parking. The breach relating to the period of parking was recorded by an approved ANPR camera.

They don't know who the driver was!

Thanks again. 

Coupon-mad

That appeal is just fine - and I too prefer personalised appeals.

Templates are a pain but necessary here, because some genuinely can't put a written sentence together in a way that reads well, for whatever reason.  No criticism.

Mad_Ferret72

Thanks so much - you are a star! 
Keep it up