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NCP app discontinued, auto pay customer left with many PCNS

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  • Thanks again everyone! Keep it up.

    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--

    Yay glad this has worked for others.
     
     :) 

    unfortunately i haven't been so lucky so far - i never actually received a PCN, only a letter from court naming me as the defendant 🙄 almost 10 months later

    using the outline above i submitted my defence to the court, and the legal team representing NCP have now got back to me disputing a couple of things, and ignoring the rest

    the PCN they attached as evidence still isn't addressed to me 😒

    here's where they stand; (if anyone has any advice)

    "We have reviewed your Defence and respond as follows: 

    - The opportunity to appeal the Parking Charge Notice ("PCN") has now passed as our Client has issued legal proceedings. We note that you did not choose to appeal the PCN upon receipt. [as pointed out to them, i never received a PCN]

    - It is your responsibility to ensure that your preferred method of payment is working for you prior to parking. If you were experiencing difficulties with making payment this way, you should have used an alternative payment, contacted our Client or refrained from parking. [my preferred payment method was working, it's their system that wasn't - and no indication was given of this]

    - Our Client's conduct or actions are not 'money extortion' nor is it intended to be. Our Client is entitled to make proportionate attempts to contact you to seek payment for a legitimately owed debt. [i've looked up the rates for parking at this NCP, and since i was only there for 41 minutes, i owe them £1.95 for an hour of parking - yet they've marked this debt up by 13,463%]

    In view of the above, our Client is satisfied that you are liable for the full amount of the Claim, and we urge you to make payment as soon as possible."

    beyond telling them to go f*** themselves, or offering them the full £1.95 i owe, (either in a lump sum or spread out over 72 months,) where else can i go from here ?

    any advice greatly welcomed

  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    @Not_MHS, why don't you start a thread of your own if you want advice?
  • Coupon-mad
    Coupon-mad Posts: 152,171 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 January at 5:49PM
    Not_MHS said:
    unfortunately i haven't been so lucky so far - i never actually received a PCN, only a letter from court naming me as the defendant 🙄 almost 10 months later

    using the outline above i submitted my defence to the court, and the legal team representing NCP have now got back to me disputing a couple of things, and ignoring the rest

    the PCN they attached as evidence still isn't addressed to me 😒

    here's where they stand; (if anyone has any advice)

    "We have reviewed your Defence and respond as follows: 

    - The opportunity to appeal the Parking Charge Notice ("PCN") has now passed as our Client has issued legal proceedings. We note that you did not choose to appeal the PCN upon receipt. [as pointed out to them, i never received a PCN]

    - It is your responsibility to ensure that your preferred method of payment is working for you prior to parking. If you were experiencing difficulties with making payment this way, you should have used an alternative payment, contacted our Client or refrained from parking. [my preferred payment method was working, it's their system that wasn't - and no indication was given of this]

    - Our Client's conduct or actions are not 'money extortion' nor is it intended to be. Our Client is entitled to make proportionate attempts to contact you to seek payment for a legitimately owed debt. [i've looked up the rates for parking at this NCP, and since i was only there for 41 minutes, i owe them £1.95 for an hour of parking - yet they've marked this debt up by 13,463%]

    In view of the above, our Client is satisfied that you are liable for the full amount of the Claim, and we urge you to make payment as soon as possible."

    beyond telling them to go f*** themselves, or offering them the full £1.95 i owe, (either in a lump sum or spread out over 72 months,) where else can i go from here ?

    any advice greatly welcomed

    You used appeal wording instead of a defence; not good so far.

    The reason you got no PCN or reminders was because your vehicle logbook has your old address on it(?).

    A court claim required a defence.  We have a template defence pinned at the top of the forum but it looks like you copied a (flippant) PCN appeal.

    We'll try to help you pick up the pieces.

    ...please start a new thread. 
    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
  • Stebags75
    Stebags75 Posts: 5 Forumite
    First Post
    Has anyone had a favourable POPLA decision from this autopay trap?
    I appealed with NCP and may have said i was the driver (didn't know i shouldn't say that) & they ignored my questions of when they informed me autopay was disabled so I just did a POPLA appeal last night. 
    They're not getting £100 from me, I'm that dogmatic.
  • Coupon-mad
    Coupon-mad Posts: 152,171 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Stebags75 said:
    Has anyone had a favourable POPLA decision from this autopay trap?
    I appealed with NCP and may have said i was the driver (didn't know i shouldn't say that) & they ignored my questions of when they informed me autopay was disabled so I just did a POPLA appeal last night.

    They're not getting £100 from me, I'm that dogmatic.
    Good.

    Do not pay even when you lose at POPLA (which you probably will due to admitting to driving, thus throwing away the winning point you didn't realise you had had, as registered keeper).

    Start your own new thread but not now: only when you get the POPLA decision through. Nothing to be done until you know either way. Don't pay.
    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
  • Coupon-mad
    Coupon-mad Posts: 152,171 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 January at 5:56PM
    Not_MHS said:
    Thanks again everyone! Keep it up.

    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--

    Yay glad this has worked for others.
     
     :) 

    unfortunately i haven't been so lucky so far - i never actually received a PCN, only a letter from court naming me as the defendant 🙄 almost 10 months later

    using the outline above i submitted my defence to the court, and the legal team representing NCP have now got back to me disputing a couple of things, and ignoring the rest

    the PCN they attached as evidence still isn't addressed to me 😒

    here's where they stand; (if anyone has any advice)

    "We have reviewed your Defence and respond as follows: 

    - The opportunity to appeal the Parking Charge Notice ("PCN") has now passed as our Client has issued legal proceedings. We note that you did not choose to appeal the PCN upon receipt. [as pointed out to them, i never received a PCN]

    - It is your responsibility to ensure that your preferred method of payment is working for you prior to parking. If you were experiencing difficulties with making payment this way, you should have used an alternative payment, contacted our Client or refrained from parking. [my preferred payment method was working, it's their system that wasn't - and no indication was given of this]

    - Our Client's conduct or actions are not 'money extortion' nor is it intended to be. Our Client is entitled to make proportionate attempts to contact you to seek payment for a legitimately owed debt. [i've looked up the rates for parking at this NCP, and since i was only there for 41 minutes, i owe them £1.95 for an hour of parking - yet they've marked this debt up by 13,463%]

    In view of the above, our Client is satisfied that you are liable for the full amount of the Claim, and we urge you to make payment as soon as possible."

    beyond telling them to go f*** themselves, or offering them the full £1.95 i owe, (either in a lump sum or spread out over 72 months,) where else can i go from here ?

    any advice greatly welcomed

    Please let us help you!

    Do you have a hearing date now? You need to do a decent Witness Statement to rescue it.

    Please come back and start your own thread, telling us what stage your claim is at.


    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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