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NCP "Parking Charge Notice" Fine - outside of car park??

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Comments

  • I did read through all of these T&C and couldn't find anything clearly saying that the street outside the car park is there land or that you can't park ur car there - tho again its fairly standard i guess that you cant park your car on double yellows - hence me genuinly not understanding what legs I have?
  • Trainerman
    Trainerman Posts: 1,246 Forumite
    First Anniversary First Post Photogenic Name Dropper
    I think you need to slow down , take a breath and stop overthinking. I do not say that nastily at all, just that you are creating problems for yourself. Whilst understanding your difficulties, if you can slow it all down and give yourself every chance to understand the next steps, it really will help.

    @fisherjim gave you one reason on the 24th, and it is a good one. That is that there is no entrance sign before that street to say it was under PPC control. That is just one of those 'legs' you want, and it is a good one !
  • Fruitcake
    Fruitcake Posts: 58,226 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Before you do anything else, print off or write out the acronyms and abbreviations you will find by scrolling down to the fifth post of the NEWBIES sticky Announcement.

    As has already been said, your case really is no different to the hundred or so threads we get here on a daily basis.

    You have received a PCN. So has everyone else who has come here asking for help.

    Everyone is told to complain to the landowner and their MP. This should always be done by the registered keeper without giving any clues as to the driver's identity. This is referred to as Plan A.
    There are several reasons why you could complain, but the main point is that the signs giving the terms and conditions cannot be read, even at a car length, let alone from a moving car, as the writing is in tiny font, and are placed at right angles to the way the driver would be looking, so the Ts and Cs (the parking contract) cannot have been sufficiently brought to the attention of the motorist, therefore the motorist could not have agreed to the contract.

    If Plan A fails, then invoke Plan B, an appeal to the parking company. This is what everyone is told irrespective of why they were issued with a PCN in the first place. The reason doesn't matter. The advice the regulars give is, appeal using the template in blue text that you will find in the sticky Announcement for NEWBIES.
    This does several things. It tells the PPC you are getting help from this forum. It doesn't reveal the driver's identity, and it will get you a PoPLA code where the PPC is a BPA member.
    We know what we are talking about, so please trust us when we say, your case is no different. 
    Please trust us when we say, follow the standard advice we give everyone.

    To recap, complain as keeper to the landowner and keeper's MP.
    If that doesn't work, appeal using the template in the NEWBIES. Do wait for a response from the landowner, but do not miss the appeal deadline.

    If that fails, you will be given a code so that you can then appeal to PoPLA. More on this later, once you have enacted Plan A, and Plan B if necessary.

    Before you make your initial appeal though, check to see if NCP has or hasn't complied with the PoFA. Do this by comparing your NTK with the two NCP examples in the Picture thread for 2023. If you are unsure, then post a redacted copy (both sides) for us to check. Redact personal data such as name, address, registration mark, and PCN number. Do leave the dates showing.


    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • I think you need to slow down , take a breath and stop overthinking. I do not say that nastily at all, just that you are creating problems for yourself. Whilst understanding your difficulties, if you can slow it all down and give yourself every chance to understand the next steps, it really will help.

    @fisherjim gave you one reason on the 24th, and it is a good one. That is that there is no entrance sign before that street to say it was under PPC control. That is just one of those 'legs' you want, and it is a good one !
    I know i shouldn't get overwhelmed, but its a scary situation for me as normally I would just cave and pay up - the fact there is a ticking clock to things getting worse with no guarantee is also very scary 🙈

    Wouldn't anything I come back to though just be "well you parked on double yellows and that is always against the law"?
  • Fruitcake said:
    Before you do anything else, print off or write out the acronyms and abbreviations you will find by scrolling down to the fifth post of the NEWBIES sticky Announcement.

    As has already been said, your case really is no different to the hundred or so threads we get here on a daily basis.

    You have received a PCN. So has everyone else who has come here asking for help.

    Everyone is told to complain to the landowner and their MP. This should always be done by the registered keeper without giving any clues as to the driver's identity. This is referred to as Plan A.
    There are several reasons why you could complain, but the main point is that the signs giving the terms and conditions cannot be read, even at a car length, let alone from a moving car, as the writing is in tiny font, and are placed at right angles to the way the driver would be looking, so the Ts and Cs (the parking contract) cannot have been sufficiently brought to the attention of the motorist, therefore the motorist could not have agreed to the contract.

    If Plan A fails, then invoke Plan B, an appeal to the parking company. This is what everyone is told irrespective of why they were issued with a PCN in the first place. The reason doesn't matter. The advice the regulars give is, appeal using the template in blue text that you will find in the sticky Announcement for NEWBIES.
    This does several things. It tells the PPC you are getting help from this forum. It doesn't reveal the driver's identity, and it will get you a PoPLA code where the PPC is a BPA member.
    We know what we are talking about, so please trust us when we say, your case is no different. 
    Please trust us when we say, follow the standard advice we give everyone.

    To recap, complain as keeper to the landowner and keeper's MP.
    If that doesn't work, appeal using the template in the NEWBIES. Do wait for a response from the landowner, but do not miss the appeal deadline.

    If that fails, you will be given a code so that you can then appeal to PoPLA. More on this later, once you have enacted Plan A, and Plan B if necessary.

    Before you make your initial appeal though, check to see if NCP has or hasn't complied with the PoFA. Do this by comparing your NTK with the two NCP examples in the Picture thread for 2023. If you are unsure, then post a redacted copy (both sides) for us to check. Redact personal data such as name, address, registration mark, and PCN number. Do leave the dates showing.


    I do not know who the landowner is even after trying government website and seriously should waste a member of parliaments time over a private parking ticket??
  • Fruitcake
    Fruitcake Posts: 58,226 Forumite
    Name Dropper Photogenic First Anniversary First Post
    It is not against the law to park on double yellows on a public road, It was decriminalised years ago, although you might get a parking ticket.

    In any case, your car was not parked on a public road, it was on private land, so this is a civil matter. Contract law not criminal law.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • So you say I should get a ticket... which I did?

    Also read up the technical terms now after being nervous of them, though cant find the forum for those images?

    I remember reading schedule 4 and didn't see any language used that they shouldn't have that we could've otherwise used... if thats what this is in relation to?

  • Probs best again to make sure I'm not being stupid and useless and give others a chance to check what I'm sure is there own default templateNo description available
  • I'm reading more of the newbies stuff, but wow!!! There's just so much! Like the SoftwareMad guide looks like it should be for government issued tickets and not private like mine, but im not sure so I don't know if the rest is applicable??

    Even then it says it might take 2 months to hear back 😖😖 just having this hang over you...

    Then finally it says you will have to attend a hearing?!?!?!?!?!?!? I thought all of this was to avoid it going that far! I can already feel a panic attack building just imagining me trying not to slip up and say or do something wrong that ruins everything! Also the costs of "£175 - £200 total" is way more than the £60 I'd do now if I lose... 😰
  • Fruitcake
    Fruitcake Posts: 58,226 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 27 November 2023 at 10:31PM
    You have redacted the dates on your PCN. We need to know them. 

    You are rushing ahead again. You are still at the initial complain then appeal stage, which is dealt with in the first post of the NEWBIES. At the moment, you need to concentrate on the first post. You don't need to read the second, third, and fourth posts just yet.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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