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

Lollip456

fisherjim said:

Pointless complaining to the owners of that car park as it IS owned by NCP and has been for 50 years apparently:

https://www.suffolknews.co.uk/ipswich/news/we-deserve-better-councillors-call-for-regeneration-of-town-centre-car-park-9124688/

That entrance has been basically a honeytrap for many years I suspect, and NCP have a hut on site with someone ready to pounce.

I repeat what has already been said that POPLA should not reject an appeal based on lack of and non conforming signage.

I would show dated pictures of the lack of signage, on that entrance road, then when NCP submit their claim that it is plentiful and to BPA COPpick holes in it.

I wouldn't submit signage pictures let them do it then and show their hand then rubbish their claims by picking holes in their submission.

You can not enter into a contract when the contract is not in sight, and the entrance to the car park is quite clearly bounded with a defined entrance you never crossed.

Stop looking for reasons to incriminate yourself instead of evidence as to why you did nothing wrong, forget the DYL they mean one thing on a road, which is what you are taught in the Highway Code, and anything they want them to be in a private car park, but in this case you couldn't  tell you were in a private car park.

That's me out this is getting ridiculous.

IN MARCH 2009 IT LOOKED LIKE THIS:

I'm truly grateful for the time and patience you have given and understand if u want nothing more to do with me... 🙈

Lollip456

Okay now reached out to MP!

When should I then contact NCP on their online portal using the blue letter template in the NEWBIES channel?

I believe it did say no sooner than 5 days, which has been passed, just as you probably realise about me and my nerves, really want to ensure I'm not mucking anything up ❤

Coupon-mad

You have 28 days to appeal a PCN.

Fruitcake

The five days to which you refer only applies to court cases. You are nowhere near that stage. The only date that is relevant is the appeal deadline date given on the NTK.

You must not miss the appeal deadline, but you must also give your MP an opportunity to intervene if they can.
That being said, I suggest you appeal around a week before the appeal deadline to ensure you don't miss it. Put a note in your diary/set a reminder on your 'phone.

Use the template in blue text you will find in the NEWBIES. Send the whole thing exactly as it is. Remember, it is the registered keeper who is doing this. 

Normally we wouldn't advise going in to too much detail, but I think in this instance it would be worth adding something like the following to the template,

The vehicle was photographed on an access road serving several businesses, not in the car park stated on the Notice to Keeper.
The sign at the beginning of this access road is pointing to the car park entrance near the end of the access road. This is effectively a sign that says, "Car Park this way." It is not a car park entrance sign. Even if it was intended to be, it breaches the British Parking Association's current Code of Practice.
There are no NCP signs in or on any part of the service roadway. A motorist cannot form a contract on land where the contract is not present.
There are signs visible from the service road, but they are all inside the boundary rail-fence of the car park and obviously only apply to vehicles inside the car park, These signs are incapable of offering a contract to a motorist who is outside the car park boundary.
There is no site map nor boundary definition displayed on the car park entrance sign adjacent to the height restriction barriers to show that parking terms and conditions are in effect outside the car park boundary.
It is also obvious to anyone that the car park entrance is reached after the point where the car was photographed, and therefore parking terms do not apply until they have entered the car park.
Even if NCP intended to extend the terms of parking outside the car park and into the unsigned service road, this fact has not been sufficiently brought to the attention of the motorist, a fact found on numerous occasions by numerous PoPLA assessors.

I suggest therefore you cancel the charge now in order to save yourself money.

Regards

*Your name*

Registered keeper

Lollip456

Amazing amazing amazing!! 😍

Alrighty so the week commencing 11th December (which is a week before the deadline) I will fill out the NCP appeals online doc using a combination of the blue text template response in conjunction with the beyond stellar personalised addendum by Fruity

Lollip456

I have now sent an appeal to NCP using both a combination of the default template and also the brilliant addition from @Fruitcake

Now am I right in saying I just wait and see what I receive in the post between 3-28 days?


I will add also that they had more pictures on the NCP website including the T&C sign which was incredibly small even when they were standing point infront of it and also there were 3 other cars in violation (parking on that street as well) and I know for a fact one of them was a mate of mine who said he never got sent anything - apparently he moved his car when he heard from someone else there were taking photos and I guess that was enough 😑

Lollip456

@Fruitcake
@Coupon-mad
@fisherjim


Whilst waiting for NCP's response after I did their appeal online, I received another PCN!!! 😱😱
It's crazy as it was nearly 2 weeks ago on the 02/12 with them sending on the 11/12.... Normally they don't work nights as well that late....

Feeling pretty trapped as I know I can't just pay the 60 for this new one as it would then damage my argument for my ongoing one, but equally its a little scary now I have 2 of these to manage appeals for 🙈🙈

Could really use ur guys words of reassuring wisdom 

Lollip456

Not sure if it matters but with this lastest PCN checking the additional images they took, none of them showed the T&C's unlike my first PCN which did show an admittedly still tiny barely legible T&C photo

Fruitcake

Just appeal both, separately on the NCP appeal portal, using the template in blue text plus the additional comments from my previous post.

If they are rejected, then appeal to PoPLA by using all the standard points from the third post of the NEWBIES, plus elaborating on the points from my previous post.

Lollip456

Fruitcake said:

Just appeal both, separately on the NCP appeal portal, using the template in blue text plus the additional comments from my previous post.

If they are rejected, then appeal to PoPLA by using all the standard points from the third post of the NEWBIES, plus elaborating on the points from my previous post.

Okay, just getting worried that I now have 2 to manage as never got one at 6pm before as normally they've stopped working by then.

Should I also do the waiting thing with the other one rather than doing it immediately?