NCP Rail Station PCN season ticket

CARL6789

Hi ,I wonder if anyone can help ,We have a NCP railway car park season ticket , I renewed in January 2024 , it turns out the season ticket expired 10 November 23 , but I have been parking there assuming season ticket in place, 
Tonight I have received PCN’s from NCP and I expect more from December , No tickets on windscreen and no tickets in post (until today ) . It’s a complete mis understanding on my part agreed but if they would have notified me earlier it would of flagged up season ticket was not in place and I would of renewed in Nov 23 
thkyou 

troublemaker22

Please show us a copy (front and back) of one of the PCNs. Redact the PCN reference number, your name, address, and vehicle number but leave all dates showing.  Don’t contact NCP until you’ve completed the legal analysis. Station PCNs are often unenforceable against keepers and hirers so it could be vital not to reveal the identity of the driver to NCP

CARL6789

thankyou for looking ............................

CARL6789

Thankyou for looking 

troublemaker22

You need to appeal online to NCP individually to each PCN. You can’t appeal them in bulk. Each time, lodge your appeal online using the web portal specified in the PCN. If you’re required to select a capacity in which you are appealing, select “keeper”. If you are required to select a reason for appealing, select “other”. Then paste the following into the appeal box:

‘I appeal as keeper. I am not obliged to identify the driver and I decline to do so. 

You are not able to hold me liable as keeper because the only legislation that provides for keeper liability (Schedule 4 to the Protection of Freedoms Act 2012 or “POFA”) does not apply to parking at this location as parking enforcement at this location is governed by byelaws and is therefore excluded from the definition of “relevant land” in POFA. 

Furthermore, even if (which is not the case) POFA does apply, your notice does not contain the mandatory warning required by POFA paragraph 9(2)(f) and it is now too late for you to deliver a POFA-compliant notice. 

Therefore, I require you to cancel the parking charge notice to keeper or issue a POPLA code so POPLA can order you to cancel it.’

It’s not a good idea to copy and paste something you don’t understand. Take the time to study POFA so that you understand what you’re writing and are well placed to draft your own more detailed POPLA appeal if NCP turns you down - https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Let us know how NCP responds to the first appeal. 

CARL6789

so there is no time limit on the PCN  ?   I was under the impression its 28 days , thkyou again for you time  , i will have a read of POFA and appeal 

Fruitcake

PPCs have six months to obtain keeper details from the DVLA, and their trade associations allow then another month to issue PCNs after that.

If a PPC wants to rely on the PoFA 2012 to hold a keeper liable, they must issue a NTK with specific wording and within specific timelines.
In addition, they can only hold a keeper liable if it is relevant land, as defined by the PoFA.
A PPC cannot hold a keeper liable on any site that is not relevant land, such as railway assets, airports, and seaports where byelaws apply, or land covered by a traffic authority.

The driver may be liable on non-relevant land, but only if the PPC knows who they are and where they live. This is why it is important not to blab about the driver's identity.

Coupon-mad

CARL6789 said:

so there is no time limit on the PCN  ?   I was under the impression its 28 days , 

No, that's not what  @troublemaker22 said.  He also told you to read POFA Schedule 4 to understand it.

Of course there's a POFA deadline and NCP have not met it (14 days) nor have they used wording that could hold a keeper liable. A double whammy.

He's a solicitor and he has kindly written you an appeal that will 100% win EVERY SINGLE ONE.

Dead easy as long as you DON'T add anything that implies who was driving.

You must treat this like a military operation and screenshot each and every submission and write by hand on each PCN, the date appealed.

Do not miss any.  Keep three piles:

1. APPEAL DONE

2.  APPEALS TO DO

3.  CANCELLED BY NCP

troublemaker22

CARL6789 said:

so there is no time limit on the PCN  ?   I was under the impression its 28 days , thkyou again for you time  , i will have a read of POFA and appeal 

That’s not what I wrote. I don’t know where you got 28 days from. The relevant deadline is 14 days and I covered that in the appeal I wrote for you “…it is now too late for you to deliver a POFA-compliant notice”. 

CARL6789

thankyou for all your help ,Troublemaker22 , Coupon Mad & Fruitcake , i will update when i know  , thks again !

CARL6789

Thankyou again , all tickets now been cancelled  i stuck to the script as told and it works   !