Can I ignore/appeal NCP parking charge?

ChirpyChicken

Coupon-mad said:

Sir? I'm a lady! 

You have been called far worse🤣

ParkingFinesHelpPls

Coupon-mad said:

Sir? I'm a lady! 

Apologies, madam!!

ParkingFinesHelpPls

Hi all,

Following my appeal to NCP, I have since received the attached letter rejecting the appeal. Presumably this is standard and expected.

Should I now appeal to POPLA using the same text submitted for this appeal?

As expected, I also received a separate identical parking charge and the same letter back from
NPC for the same issue on a separate date.

Thanks! 

Gr1pr

Your popla appeal is more detailed than any initial appeal,  so the simple answer is NO

point of order,  NPC are not involved here,  its NCP, National Car Parks !

kryten3000

The POPLA appeal needs to spell out in simple terms why the NCP notice does not hold the Registered Keeper liable - the lack of the correct wording under Schedule 4 paragraph 9 of the POFA:

"(2)(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"

Compare this with their notice which only says that "further action will be taken" if the charge is not paid but it does not say that they have the right to recover the charge from the keeper.  Complete fail and POPLA should agree.  Since the keeper and driver are not the same, the Keeper can truthfully state that they were not the driver on the material date.

Coupon-mad

100% slam dunk POPLA win awaits.

You could not ask for a simpler one. 

ParkingFinesHelpPls

Great, thanks for the quick replies all.

I have done some digging and come up with the below draft response. I would appreciate any comments/amendments if necessary!

Thanks!


ADDRESS
EMAIL
CAR LICENSE PLATE
DATE

Dear POPLA,

On the DATE, National Car Parks Ltd issued a parking charge to myself (as keeper of the vehicle) highlighting that the above mentioned vehicle had been parked in an unauthorised area, and liability for the same had been brought to the attention of the driver by clear signage in and around the car park at the time of parking. There was no windscreen ticket on the vehicle - the notice to keeper was sent via post.

As the registered keeper I wish to refute these charges and have this PCN cancelled on the following grounds:

1. The Notice to Keeper does not comply with sub-paragraph 9 (2) and is not POFA compliant.
2. The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge.

Please see below for details

1) This Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA) due to the wording used.

Under schedule 4, paragraph 4 of the POFA, an operator can only establish the right to recover any unpaid parking charges from the keeper of a vehicle if certain conditions are met as stated in paragraphs 5, 6, 11 & 12. As sub-paragraph 9 (2) (f) highlights a NTK must adhere to the following points:

The notice must —
(f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

Upon reviewing the NTK, National Car Parks Ltd have omitted any mention of the conditions as outlined in sub-paragraph 9 (2) (f).

2) The operator has not shown that the individual who it is pursuing is in fact liable for the charge.

At no point have National Car Parks Ltd provided any proof as to the identity of the driver of the vehicle; nor have I provided them with the identity of the driver (nor do I intend to).

I have contested this with National Car Parks Ltd with regards to their PCN reference REFERENCE, but they have written to me (dated DATE) to say I have been unsuccessful and provided POPLA reference REFERENCE.

I sincerely hope you are able to help me.

Many thanks,

NAME

Coupon-mad

Yes that'll do except for this jarring Americanism and spelling:

"CAR LICENSE PLATE"

ParkingFinesHelpPls

Coupon-mad said:

Yes that'll do except for this jarring Americanism and spelling:

"CAR LICENSE PLATE"

Many thanks.

Not my doing fortunately lol

ParkingFinesHelpPls

Evening,

NCP has submitted the attached response to POPLA. Presume I do not need to provide any further comments?

Many thanks.