Help with POPLA appeal with NCP

WhyVee

 

Hello, (Newbie here)

 

Need some advice on a POPLA appeal and what grounds to use in my appeal.

 

I regularly use a specific car park and always pay the parking fee without any issues. However, at some point (possibly around January 2025), the management changed from Parking Eye to NCP. The signage indicating this change was not clear or noticeable when I entered the car park, so I continued paying the charges using the unique Car Park Location code on the 'Pay By Phone' app on my phone.

But then surprisingly I got a PCN in the post from NCP,  I’ve had a few as I continued using the car park on a weekly basis and paid in the usual way. I successfully challenged the first two, but they rejected the latest one!

Obviously, I realised it had changed to a new operator I used the correct payment system.

• Surely the old payment system should have been deactivated when NCP took over?  this would have alerted me of the change.   

• I have paid the Parking charge every time I’ve used the car park (I have proof of payments), so I’ve paid to use the private land?

• Is this is a failure by the previous car park operator and the landlord of the site?

 

Any help or advice is appreciated, Thank you   

fisherjim

It is the fault of the new operator that should have notified regular users of the car park of the material change "for  a period of not less than 4 months from the day of the change".

If you continued to use the car park before you received any NTK they should have treated the last NTK exactly the same as the previous two.

The outgoing PPC won't be bothered or responsible.

3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site
entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur parking charges.

NOTE: Examples of material changes can include introduction of parking enforcement
where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion
and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed
thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises

https://www.britishparking.co.uk/write/Documents/AOS/Sector Code Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

WhyVee

fisherjim said:

It is the fault of the new operator that should have notified regular users of the car park of the material change "for  a period of not less than 4 months from the day of the change".

If you continued to use the car park before you received any NTK they should have treated the last NTK exactly the same as the previous two.

The outgoing PPC won't be bothered or responsible.

3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site
entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur parking charges.

NOTE: Examples of material changes can include introduction of parking enforcement
where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion
and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed
thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises

Thank you, I'll include that in my appeal.

But also can I make the point that I paid the charge to use private land and the landlord didn't suffer any loss? 

fisherjim

WhyVee said:

But also can I make the point that I paid the charge to use private land and the landlord didn't suffer any loss? 

Of course, you did that in all honesty and with the right intentions your proof of payments will prove that, I can't see any judge siding with a third party that hasn't done their job right, the cynic in me my say it was by design!

Coupon-mad

The best point for POPLA would have been 'no keeper liability' but it sounds like you threw that in the bin by appealing and admitting to driving.

WhyVee

Update: I appealed both tickets with POPLA and before they reviewed the appeal, NCP withdrew and cancelled both tickets, RESULT!! 

Thanks again @fisherjim

fisherjim

A result indeed well done