NCP Penalty Notice - Barrier let us out!

Sacus

We went out for my birthday and I drove, we parked up in an NCP and I enjoyed my night.
This meant my wife drove home. I have very little memory of the trip home let alone the fact that we did not pay for the parking!
We have subsequently been sent a penalty notice from NCP. 
My argument here would be that the shutter for the carpark opened and let us out. Surely if we had not paid the barrier would have stayed down and forced us to have paid for the parking?
Is it worth contesting this with NCP?
Thanks for any advice

Gr1pr

Penalty Notice or Parking Charge Notice. ?

Location. ?

Train station or private car park. ?

I doubt that you would win based on that statement 

Who is the Registered Keeper. ? You or her. ?

Car1980

It's contract law, so it depends on what the contract said and how visible it was. 

And is it worth contesting in that you expect a private company to voluntarily bin an invoice? Probably not.

Is it worth paying on the other hand? I wouldn't.

Coupon-mad

Sacus said:

We went out for my birthday and I drove, we parked up in an NCP and I enjoyed my night.
This meant my wife drove home. I have very little memory of the trip home let alone the fact that we did not pay for the parking!
We have subsequently been sent a penalty notice from NCP. 
My argument here would be that the shutter for the carpark opened and let us out. Surely if we had not paid the barrier would have stayed down and forced us to have paid for the parking?
Is it worth contesting this with NCP?

Obviously yes, using the usual appeal seen in any NCP or Smart Parking thread.

Such an easy one for the keeper (not driver) to appeal & win, given NCP are unlikely to have used the POFA.  We trust you'll know what that means from when you read NEWBIES PLEASE READ THESE FAQS FIRST before you posted a thread. 

  

Sacus

Gr1pr said:

Penalty Notice or Parking Charge Notice. ?

Location. ?

Train station or private car park. ?

I doubt that you would win based on that statement 

Who is the Registered Keeper. ? You or her. ?

Sorry, Parking Charge Notice. It was a private car park and I am the registered keeper.

Sacus

Coupon-mad said:

Sacus said:

We went out for my birthday and I drove, we parked up in an NCP and I enjoyed my night.
This meant my wife drove home. I have very little memory of the trip home let alone the fact that we did not pay for the parking!
We have subsequently been sent a penalty notice from NCP. 
My argument here would be that the shutter for the carpark opened and let us out. Surely if we had not paid the barrier would have stayed down and forced us to have paid for the parking?
Is it worth contesting this with NCP?

Obviously yes, using the usual appeal seen in any NCP or Smart Parking thread.

Such an easy one for the keeper (not driver) to appeal & win, given NCP are unlikely to have used the POFA.  We trust you'll know what that means from when you read NEWBIES PLEASE READ THESE FAQS FIRST before you posted a thread. 

  

Thanks @Coupon-mad. There is a lot to take on when reading the NEWBIES FAQ, I will refer back to it now and review some of the other NCP threads

Sacus

Looking at the examples of a POFA and Non POFA letter from NCP, I don't see an obvious difference. 

Coupon-mad

Sacus said:

Looking at the examples of a POFA and Non POFA letter from NCP, I don't see an obvious difference. 

Really? I don't understand any difficulty. The clearest steer we can provide is simple pictures.  It's a game of Spot the Difference.

Look at the WORDING of the two images that I provide. Or get a family member with a good proof-reading / admin eye for detail to look. Which one does yours match?

Sacus

Thank you @Coupon-mad, I appreciate your replies.

From what I can see, it is a Non-POFA letter as it does not state that liability will transfer to the registered keeper.
From further reading on the forum, the date of notice is 29 days after the incident so they have missed the 14 day timeline to be able to pass the fine on to the registered keeper.

Will a straight copy and paste of the blue template you have posted be fine?

Coupon-mad

You could use it but as I already advised, I'd use the usual appeal seen in any NCP or Smart Parking thread.

For example somebody had NCP give up at first stage today. An NCP Scottish case. Easily won!  Go and look for it by skim-reading today's thread headings.

Sacus

Thanks @Coupon-mad, I reviewed the other threads and have submitted an appeal. Let's see what they come back with.