NCP Shenfield Station

Scallywag19

Hello, I received a PCN for Shenfield Station as I parked my car in the morning, left it overnight (as decided to go out for a while after work) and then picked it up at 0609 hours the following day.  I believe the parking expires around 0400 for 'day' parking though to be honest I've never really been aware of this as I don't leave my car overnight generally.  NCP want to charge me originally £60 but now £100 for the fact I hadn't paid from 0400-0609 hours - basically 2 hours and 9 minutes when I drove my car out of the car park at 0609 (it has it photographed). Has anyone else had this and successfully appealed it? It seems to be incredibly unfair when you're trying to do the right thing.

Ayr_Rage

Time to actually read their Ts and Cs before declaring it "unfair".

doubledotcom

Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The location is not relevant land for the purposes of PoFA 2012 which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

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 Sheffield Station is not 'relevant land'.

If the landowner wanted to hold owners or keepers liable under Railway Bylaws, 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 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 bylaws 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.

Car1980

Ayr_Rage said:

Time to actually read their Ts and Cs before declaring it "unfair".

?

£60 for a £2 (or whatever) underpayment is inherently unfair.

Ayr_Rage

Car1980 said:

Ayr_Rage said:

Time to actually read their Ts and Cs before declaring it "unfair".

?

£60 for a £2 (or whatever) underpayment is inherently unfair.

Paying for one day when you were there into day two seems to be the issue.

ChirpyChicken

Ayr_Rage said:

Car1980 said:

Ayr_Rage said:

Time to actually read their Ts and Cs before declaring it "unfair".

?

£60 for a £2 (or whatever) underpayment is inherently unfair.

Paying for one day when you were there into day two seems to be the issue.

Doesnt matter as dead easy to beat