2x PCN - NCP Station car park Wickford

LDast

If it's a Parking Charge Notice just appeal with the following:

Dear NCP,

I am the registered keeper. NCP cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, NCP will be well aware that they cannot use the PoFA provisions because the land at Wickford Station is under statutory control and therefore, not 'relevant land'.

If Greater Anglia wanted to hold owners or keepers liable under Railway Byelaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because NCP is not the station/land owner and your 'parking charge' is not and never attempts to be a penalty. It is created for NCP's own profit (as opposed to a byelaws penalty that goes to the public purse) and NCP has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NTK can only hold the driver liable. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Yours faithfully,

If it's a Penalty Notice, respond on day 28 with a question about what information they are seeking. Anything to string this out for 6 months as it will then become invalid and you are off the hook. It's all in the Newbie thread.

sweetrabbit666

I think the above post has answered my question but here are the two sides of the PCN.

Fruitcake

Wickford Station is a railway asset where byelaws apply. It is not relevant land therefore the NTK is not PoFA compliant because it does not state the relevant land where the alleged event occurred, and in any case the keeper cannot be held liable on non-relevant land.

The appeal posted by @LDast will do nicely.

If it is rejected then you will win at PoPLA as long as the driver is never identified.

sweetrabbit666

Thank you everyone for the help.

Coupon-mad

I think (it looks possible) that NCP might have had no access to DVLA data for a while, as these gaps are huge.  A friend has put in an FOI to ask the DVLA which firms, if any, were suspended in recent months / years.

GrannyKate

I was looking at this yesterday and wondered about NCP obtaining data from DVLA in these circumstances.  It is a condition of the contract with DVLA that they must have land owner authority which they obviously don't. 

sweetrabbit666

Just wanted to update to say that the 2 PCNs were cancelled and the post Ldast posted worked a treat. Thank you again.

Coupon-mad

Yay!

Easy when you know how.