PaybyPhone - PAYED FOR 1 DAY BUT PEAK TIME NOT INCLUDED?? now parking charge notice

almarc

Hi everyone

I have read the newbies thread but couldn't find a case similar to mine.

In a nutshell this is what happened:
I was going to London by train (9th Dec) and parked at the Cambridge North train station park. This is owned by Greater Anglia and managed by NCP. 
On the day, I was rushing to get the train, decided to revise some paperwork during the journey and only managed to pay for the parking during my lunch time. Because I wasn't sure of the exact time when the parking has started, I decided to pay for 1 day, using the paybyphone app, thinking this would cover any eventualities. I was also told, and remember reading that I could pay until midnight so I though it was all good. 

Moving forward, on the 27th Jan I received a Parking Charge Notice from NCP stating that I had to pay 100GBP or 60GBP (14 day discount) because "partial payment" had been made. 
There are some photos of my car captured by ANPR entering at 08:54 and leaving at 18:51. 
I was astounded, as I was absolutely sure I had payed for parking on that day. It took me some time to decipher what I believe has happened. 

1- When I selected to pay for 1 day using the "paybyphone app"- the amount charged was 5.70GBP. I now found out this is the off peak rate (when entering after 10AM).
The peak rate is 8.90GBP.

2-  The "paybyphone app" does not allow users to adjust the start time of a parking session. On their website they advise users to simply input the correct duration to cover their stay.

As I don't use this routinely, and this was only my second visit to London where I payed for parking using the app, I wasn't aware of this particularity.
To be honest I still don't know how to pay the 8.90GBP if this is not done immediately after entering the car park (maybe choosing to pay for 2 days? - but this would be exceeding the 8.90GBP amount anyway)

Now I am being asked to pay 60 or 100GBP, because I failed to unknowingly pay an extra 3.2GBP. This feels absolutely unfair, as I payed for 1 day thinking this would be the maximum charge.

Do you think I have any chance in appealing this one. 
And if so, how should I go about it? 
I have seen advice stating that you should never reveal who the driver was, but at the same time I think that the evidence showing that a payment has been made, might link me as the driver (not only the registered keeper).

I would appreciate your help, as this 14 day period is coming to an end, and I was trying to avoid the 100GBP fine. 
Best Wishes

ChirpyChicken

on this is a dead easy win - just use this nothing else, make sure you appeal as the keeper not the driver and dont add any extras
This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win at POPLA

Gr1pr

As above 

There are plenty of NCP GAA cases on this forum you could look at 

But the simple answer is to forget about what happened and focus on no keeper liability,  using the above appeal 

No frills,  no blabbing about who was driving or about the incident itself,  just the no keeper lliability argument 

Yes its that simple,  dont overthink this 

Nellymoser

We've now 2 parking petitions asking for Govt action.

• Introduce Regulation of Private Parking Practices

• Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament

Please sign both and share 🙏 

https://petition.parliament.uk/petitions?q=Private+parking+&state=recent

almarc

ChirpyChicken said:

on this is a dead easy win - just use this nothing else, make sure you appeal as the keeper not the driver and dont add any extras
This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win at POPLA

Thank you for your advice ChirpyChicken . Just to make sure I am drafting this appeal correctly. Is this NTK non compliant with POFA, because the notice was not served within the required period (14 days for ANPR, 28-56 days for windscreen tickets) from the alleged parking event?

I have attached the actual letter as this may help

KeithP

almarc said:
Just to make sure I am drafting this appeal correctly. Is this NTK non compliant with POFA, because the notice was not served within the required period (14 days for ANPR, 28-56 days for windscreen tickets) from the alleged parking event?

Yes, that's enough.
These words mean that no driver liability can be transferred to the keeper...


Just copy and paste ChirpyChicken's bold words into the online appeal box and wait for your parking charge to be cancelled.

almarc

Thank you all for your help.
I have received this email almost 2 weeks after sending the appeal: 

"Thank you for your correspondence in relation to the above case.

We are writing to let you know that we have reviewed the circumstances of this case and have decided to accept your representation. The Parking Charge Notice (PCN) has been cancelled.

Please note that this decision is for this contravention only and should not be considered in relation to any PCNs, which may be issued in the future.

This case is now closed and no further action will be taken.
Best regards,

National Car Parks"

Coupon-mad

Yay! Well done.