NCP Railway Station PCN

JoeBloggs22

One of my younger family members has received a PCN from NCP for a stay at Colchester North Stations car park.

The date of this incident was 4 October while the date of sending the notice is 20 October.

Ironically, the driver thought they had paid to park using the MI parking app but they had actually paid to park at a neighbouring car park run by the local Council!!

Reading up on railway stations, I note railway station land is defined as relevant land and POFA does not apply. I have not been to the station to check the signage but this is a huge car park which I suspect would be owned by the railway authority with NCP acting as the authorised agent. Would this exemption be mentioned on the signage and if not should it be?

I note from previous threads that we don't ignore so I was thinking of an appeal as follows: -

I appeal as keeper.  I am not obliged to identify the driver and I decline to do so.  You cannot transfer the driver's liability (if any) to me as keeper because the location in question is excluded from the definition of 'relevant land' in paragraph 3 of Schedule 4 to the Protection of Freedoms Act 2012 ('POFA').

Furthermore, even if (which is not the case) the location is relevant land, your PCN is not POFA-compliant because (without limitation) it was delivered after the end of the 'relevant period' as defined in POFA paragraph 9 and does not contain the mandatory wording required by that paragraph.

I require you to cancel the PCN or issue a POPLA Code so that POPLA can order you to cancel it.

From another PCN recently received, I think I know what the mandatory POFA wording is and this NCP notice doesn't have it.

Any thoughts and assistance at this stage would be appreciated.

kryten3000

This is exactly the right thing to send them.  If they don't cancel, POPLA almost certainly will but remember you have to spell out the non-compliance to POPLA as if they are completely ignorant of the law.

1505grandad

An observation there is a "not" missing as fixed below:-

"Reading up on railway stations, I note railway station land is defined as not relevant land and POFA does not apply."

JoeBloggs22

Thankyou for the feedback and the omission of 'not' is noted'

The appeal has been submitted this morning and I'll let the forum know of the outcome.

JoeBloggs22

Just to provide an update on this issue in that NCP have mailed this morning confirming they have accepted the appeal and cancelled the charge.

Advice will be given to the driver to pay attention next time and use the parking app correctly and pay for their stay in the right car park and not the neighbouring council car park!

Thankyou to Kryten3000 and 1505grandad for your valued input in this matter.