PCN from NCP - Greater Anglia - for not parking correctly

zxof

Hi,

I just received received a PCN from NCP (Greater Anglia station) for not parking correctly (end of row, no additional parking bays).

Is the below appeal OK? I added this line on the 3rd paragraph: "Furthermore, no parking spaces were blocked or affected by this minor deviation, no loss of business has been caused."

Also apologise for the silly question, shall I appeal on the NCP website as per letter? Thanks.

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I am the registered keeper. Your NtK is for an alleged breach of contract on land that is under statutory control making it impossible to hold the keeper liable. NCP have no hope at POPLA or in court, so you are urged to save us both a complete waste of time and cancel the PCN.

NCP cannot hold a registered keeper liable. As a matter of fact and law, NCP (as a longstanding BPA Parking operator) will be well aware that they cannot use the PoFA provisions because this is not 'relevant land'. If the landholder wanted to hold owners or keepers liable under Railway Byelaws, that would be within the landowner's gift and another matter entirely, but not only is that not pleaded, it is also not legally possible because NCP is not the Station 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 to have been, nor pursued under some twisted interpretation of the law of agency.

Furthermore, no parking spaces were blocked or affected by this minor deviation, no loss of business has been caused.  In the meantime I would suggest that you refer to the BPA CoP paragraph 23.8 and reissue the original NtK and start the clock running again at which point I will submit an appeal and if rejected, you will be required to provide me with a POPLA code where we both know an appeal by the keeper will be upheld.

I advise you to consider this correspondence as an official complaint, not an appeal and, as such, requires a response within the required timescale that can be escalated to the BPA if necessary.

Coupon-mad

Yep that's fine.

zxof

Thanks! They cancelled it.

pug_325

@zxof - Sorry to jump in on this late but I have almost the same circumstances (a different station car park) and wonder if I might draw on your experience. 

Please may I ask, did you use an appeal on the NCP website or a complaint? I see both options but not sure which is the best one! Many thanks in advance. 

Coupon-mad

You appeal it however the PCN states on the back. DO NOT tick driver, obviously.

pug_325

Thank you @Coupon-mad and @zxof - the PCNs I received have now been cancelled too. I’m very grateful for the information and further advice.

Thanks again.