NSL Stansted airport - definitely not our car

librarian83

I received a notice to keeper letter with a fine for being ‘Parked in a restricted location during prescribed hours’ at Stansted airport.  On the time and date in question (early hours of a Saturday morning) me and my husband, the only drivers of the car, were at home in bed.  I thought it was a scam and emailed Marston holdings with an enquiry on their website (not an official appeal) explaining the above, and that the picture supplied as ‘evidence’ does not show our car at all, let alone one with a clear view of the numberplate.  I asked marston holdings to confirm that the letter did not come from them and that I will report to action fraud.
Now having seen the MSE forum, I am shocked to find that my letter matches other examples that have been shown on here, and that it might really be from them.  I’m now worrying about the reply I will receive from Marston holdings and potentially having to do the appeals process- we were in bed so we can’t prove we weren’t there, but surely NSL need to provide a clear image of the car and numberplate, which I know 100% they won’t be able to do?  I suppose we can subscribe to our ring doorbell to get the image of our car in our car port for the date and time in question, but it doesn’t catch our numberplate and I don’t want to spend money on something which is clearly not our fault.

troublemaker22

You are taking this much too seriously. 

There is no “fine”. Marston doesn’t have powers to issue “fines”.  It’s a jumped up private company that issues demands for payment that it can’t enforce against the registered keepers of cars, even when they’ve identified the correct car. 

And you’ve magnified the “appeals process” into something bigger than it is. Try the following:

”I appeal as keeper of vehicle number [       ]. A simple DVLA check will reveal that vehicle number [         ] of which I am the keeper is a [make /colour]. Your photograph is of a completely different vehicle. 

My vehicle was nowhere near Stansted Airport at the relevant date and time and neither was I. 

Furthermore, even if (which is not the case) my vehicle was at Stansted Airport, you cannot hold the keeper liable for any parking charge as Stansted Airport is not ‘relevant land’ as defined in Schedule 4 to the Protection of Freedoms Act 2012. 

If you are able to identify the driver of the vehicle in your photograph, you may be entitled to pursue that driver. 

However, you have no right to pursue me and I require you to cancel the parking charge you have issued to me or provide me with a POPLA code so POPLA can order you to cancel it”

Marston usually rejects appeals because they are greedy and stupid. If they reject your appeal, come here for further advice. 

Coupon-mad

Does the NTK get issued by Marstons (a debt collector?).  I hadn't noticed that.

Interesting if so, because they'll join my list for a certain whistle-blowing complaint alongside TNC and PCS.

troublemaker22

OP, please show us the notice to keeper. Redact your name, address, vehicle number and any reference but leave the dates showing 

librarian83

Thank you for your helpful posts, which are very useful indeed.  I’ve never received anything like this before so I am worrying about it but it sounds like this company are a bunch of chancers.  I will approach them in the way that you suggest, though it will be interesting to see if I get a response to my suggestion that it is a scam letter.  I’d heard of these companies being over zealous with their notices, but I never thought that they would issue them to cars that were not even at the location they are stating.
please see the redacted notice attached.  

 

troublemaker22

So it’s from NSL - the usual parking ticket issuer at Stansted (Marston Holdings is another company in the same group). @Coupon-mad will be interested to see that it contains a fraudulent claim that the Protection of Freedoms Act (“POFA”) applies at Stansted Airport when they know it does not. @Coupon-mad maybe in further contact about that. 

In the meantime, you should appeal direct to NSL (forget Marston Holdings). Appeal online using the web form. Don’t tick any boxes or select any options to indicate who was driving. Also you might consider adding the following to the appeal language I previously suggested:-

“In your notice you assert that you can recover an unpaid parking charge from the keeper under the Protection of Freedoms Act for parking at Stansted Airport where you do not know the name and address of the driver. You know that this is untrue and you have been ordered by the airport owner not to make this untrue assertion. Your continued use of this untrue assertion appears to be a criminal offence under the Fraud Act 2006.”

librarian83

Thank you so much for this.  I will do as you suggest and report back. 

How can these companies get away with this behaviour?!

troublemaker22

Because ITV hasn’t made a drama about it starring Toby Jones

librarian83

Haha.  We’ve just been watching it and my husband said we should start a post office style campaign about the parking! After this is all over I’m definitely contacting stansted airport to inform them, as well as my local MP.

troublemaker22

Why wait till it’s over?  The best time to complain is now. 

Coupon-mad

How come you contacted Marstons? Where did you hear they were involved?  This is what I'm trying to understand. 

There's an ongoing complaint in with the BPA and DVLA about this crap and this month I will flag it to the DLUHC too (who know me and listen to me) because the BPA & DVLA appear to have put their fingers in their ears and done NOTHING IN 6 MONTHS to stop NSL (my complaint was acknowledged in July).

Easy to appeal this. Send me a pm if you like @librarian83