PayByPhone - NCP PCN - PAID PARKING for 1 DAY but PEAK TIME NOT INCLUDED

almarc

Hi everyone,

I’ve read the Newbies Sticky Thread and noticed that Crabman mentioned that appeals using the template are now being routinely rejected, so I’d like to make sure I handle this correctly.

In a nutshell, this is what happened:

My wife travelled to London by train on 14th October and parked at Ely Train Station, which is owned by Greater Anglia and managed by NCP.
She was in a rush to catch her train and only managed to pay for parking once she arrived in London. She paid for 1 day using the PayByPhone app, believing this would fully cover her stay.

On 30th October, I (as the registered keeper) received a Parking Charge Notice from NCP stating that only a “partial payment” had been made and demanding £100 (£60 if paid within 14 days).
The ANPR photos show her car entering at 08:37 and leaving at 17:01.

This was surprising, as she was sure she had paid correctly. Here’s what seems to have happened:

1. When selecting to pay for 1 day via the PayByPhone app, the amount charged was £6.55, which is the off-peak rate (for entries after 10:00 AM).
   The peak rate is £9.30.

2. The PayByPhone app does not allow users to adjust the start time of a parking session. Their website instructs users to enter the total duration required, but doesn’t clarify how to cover the earlier part of the day if entering before 10:00 AM.

As she doesn’t use the station or app regularly, she wasn’t aware of this quirk.
To be honest, I’m not even sure how to pay the peak rate unless one selects a 2-day stay — which seems counterintuitive.

Now I’m being asked to pay £60/£100 for what appears to be an innocent error — essentially a £2.75 shortfall. This feels quite unfair given that payment was made for the full day as understood by the user.

My questions:

• Is there a realistic chance of a successful appeal in this situation?

• If so, what’s the best way to approach it?

• I understand it’s advised not to name the driver, but since the evidence of payment may link her to the transaction, how should I handle that?

• A small detail is that the notice was not served within the required period (14 days for ANPR, 28-56 days for windscreen tickets) - not sure if this helps building a stronger case.

I’d really appreciate any guidance or next steps , as this 14 day period is coming to an end, and I was trying to avoid the 100GBP fine. 

Best wishes,

almarc

@Coupon-mad I have seen your expert advice throughout many threads.

In one of them the following reply is suggested to address a similar situation, but I am not sure if I should also include the fact that more than 14 days have elapsed between the incident and NCP sending me the notice. Should I add this to the appeal?
Many Thanks

"This appeal is submitted by the registered keeper. No driver details will be provided.
As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge. I suggest therefore that you contact the driver.

There will be no admissions as to who was driving, and no assumptions can be drawn. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so, but I am fully aware that I can't be held liable." 

ChirpyChicken

Use the template in your second post . You can add in the 14 day bit
Appeal as keeper
The pcn will be cancelled