HELP!!! - Parking Charge Appeal -POPLA / NCP

vitaminC2319

Hi all,

I'm looking for advice on a POPLA appeal against a parking charge from NCP and whether my situation is likely to succeed. I have put the details below:

• Entered a 24-hour ANPR car park (standard NCP car park, comes under the T&C's for 'List of Car Park T&C's)
• Paid the correct tariff via Apple Pay (covers 2–3 hours, which matches stay length)
• Exited car park just over 2 hours later
• My bank confirms payment was:
  • successfully authorised and processed
  • later refunded by the parking operator (merchant-initiated refund) about 5 minutes after payment

Parking operator’s position (NCP):

• Issued a Parking Charge for “parked without payment”. £100 charge but option for reduced to £60 if paid within 14 Days
• Their ANPR system shows no valid/active payment linked to the vehicle at the time of enforcement
• Internal appeal rejected after submitting screenshot of Apple Pay transaction timestamped and let them know my bank confirmed it was a merchant-initiated refund.
• They have reduced the charge to £20 as a “gesture of goodwill” if pay within 14 days

My argument:

• Payment was actually made and accepted during the parking period
• The correct tariff was paid for the duration stayed
• The operator later reversed the payment (not me or my bank), which appears to have removed the payment from their system/not linked to ANPR
• They did not acknowledge the evidence of the Apple Pay screenshot where it says "Refunded" at the top of the transaction or the fact my bank confirmed it was a merchant-initiated refund 5 minutes after a successful payment.
• NCP appeal rejection letter mentions/is based on ANPR entry/exit data and the PCN online states "Parked without the payment of the parking charge"
• However, their own terms state that motorists must pay the parking tariff (Clause 3 / 5.1(g)), and that ANPR is used for enforcement and recording entry/exit, not as sole proof of payment for parking session. Can they only issue a charge if there is a failure to comply with the terms?
• NCP T&C Clause 2/2.1 "We must operate the Car Park with reasonable skill and care (“Our Obligations”). If we do not, we are only responsible for direct loss or damage you suffer as a foreseeable result of our breach of Our Obligations or our negligence or the negligence of our employees." - their system refunded after taking payment but now try to charge me?
• As NCP is a BPA Approved Operator/Member, I believe they are required to fairly consider all evidence and not rely solely on ANPR data where payment evidence exists. I am concerned this has not been followed given the bank-confirmed payment during the parking period.
• I am arguing this is not non-payment, but a completed payment that was subsequently reversed by NCP.

Evidence I have:

• Apple Pay transaction (timestamped)
• Requested a bank confirmation letter showing authorisation and refund but they can only send it in the post so will probably arrive in a couple more days
• NCP rejection letter
• ANPR entry/exit data

My question:

Given POPLA’s approach (BPA Code, evidence, and “balance of probabilities”), do I realistically have a strong chance of winning this appeal, or do POPLA typically side with the operator in cases where a payment was made but later refunded and not showing on their system (VRM)? I don't want to pay them any money/give them the satisfaction as this is not my fault at all, however, is it enough to not have to pay them £100 if POPLA reject based on the above.

Thank you and pls help!!!

Jame4ters

With NCP being in Administration the current advice is to get a POPLA code and appeal to them as they withdraw due to it costing them money which they haven’t got.

Have a search for some other recent NCP threads on this forum

Castle

OP

Was the NTK received within 14 days?

vitaminC2319

https://forums.moneysavingexpert.com/discussion/comment/81998288#Comment_81998288

Hi,

Yes was sent by NCP on PCN letter end of last week and received start of this week, then did NCP appeal same day as letter was received and then was sent Appeal Rejection Letter today by NCP

vitaminC2319

https://forums.moneysavingexpert.com/discussion/comment/81998244#Comment_81998244

They have given me a code themselves for POLPA to use for the appeal so think that has to be used

Coupon-mad

Did you admit to driving? Flipping hope not!

Does the NTK wording match the NCP POFA one or the non-POFA version in my NTK pictures thread?

vitaminC2319

https://forums.moneysavingexpert.com/discussion/comment/81998581#Comment_81998581

Unfortunately I did admit to driving - this was before I looked further into it after NCP rejected my appeal. I (naively) assumed that it would be an no brainer for them to approve the appeal submitted to them but clearly not. Can't change that now so on to the next step. From the wording it matches the POFA NCP you posted in your thread, but it was sent 8 weeks after the incident and no legal wording/deadline (I think based on reading up on POFA/non-POFA but the wording seems pretty similar in both POFA and non-POFA but i'm not 100% sure). Thanks for reporting that comment to, I took a break from this whole appeal thing whilst waiting for a letter from my bank confirming NCP initiated the refund which took a week to arrive. Any advice you have, I'd be grateful for because I don't know where to start with the POPLA appeal in terms of structure and wording.

Coupon-mad

"From the wording it matches the POFA NCP you posted in your thread".

I say you are almost certainly wrong but you binned that 100% winning argument and can't use the POFA. Why do people appeal as driver and not Google it first, thus throwing the easy win away? Baffles me.

Anyway never mind. As you will know from the national news weeks ago, NCP are in administration, so are highly unlikely to contest a POPLA appeal.

Odd to read that you don't know how to do or structure a POPLA appeal, when post 3 of the NEWBIES PLEASE READ THESE FAQS FIRST thread tells you how to do & structure a POPLA appeal…

😄

vitaminC2319

https://forums.moneysavingexpert.com/discussion/comment/82008860#Comment_82008860

It may seem like a silly decision to you but I've never had parking charge notice form a private car park before and because of the fact this was entirely NCP's fault, I didn't think they would reject the first appeal as I had proof of them initiating the refund, therefore Googling before appealing didn't cross my mind.

You say it's odd but if you read the FAQ's and the Newbie thread as Newbie now, it isn't as simple and straightforward as you may think because there are so many posts and different pieces of information that don't fit situations. I know it doesn't need to be specific and a lot can be applied to people's PCN appeals but most of the blanket templates involve not identifying the driver/different PCP's/signage or key related issues. It is overwhelming when you first come on to the forum.

I completely understand that for forum regulars who have dedicated and currently dedicate a lot of their time to the forum, it can be frustrating to see what may look like people ignoring or not reading the Newbie FAQ's and advice for the appeal process (and I'm sure there is a lot of that) but I did read through the FAQ's, and spent a lot of time looking at the POPLA section included the templates within that before posting. I am grateful for the follow up on my reply to you and the advice, however, your reply comes across a little sarcastic and patronising, not everyone is aware that this is how PCP's operate and I was under the impression this forum is a place to ask and answer questions, not make people feel bad about themselves in doing so 🫤. The rules of the forum are below including the mention of being encouraging, which your last response didn't come across as:

The most fundamental Forum rule is to be kind and respectful of all your fellow MoneySavers, Board Guides and MSE staff. It is non-negotiable. 
For reference, the rules state:
There is no place for trolling, harassing, bullying or deliberately provoking others here. Treat others as you like to be treated.
It's OK to disagree, but be civil, keep your tone friendly and don't be aggressive or make personal attacks on other members of the community. Before you post, think, 'could what I have written be read as unfriendly and upset someone?' and/or, 'how might this be perceived/make someone feel?'.
We want this Forum to be a safe and encouraging place for people to share their experience and information relating to all things MoneySaving. Abusive, manipulative and passive-aggressive behaviour is unacceptable, as is being provocative for the sake of it. Put that energy into MoneySaving instead.

I did read through the FAQ's and POPLA sections including the appeal templates and different cases before posting this thread as that was the advice, but because 1. I had named the driver (as already stated) and 2. the advice is to find a relevant recently written POPLA appeal using key words, which I searched, yet I didn't find someone with a similar situation who appealed to POPLA that was recently written (in the forum or elsewhere), I was still left confused as my situation was the driver is named and it was the PCP who initiated the refund. There are some people saying not to write a long, super detailed appeal to POPLA, but some saying to do so. Therefore, when you are reading through the newbie thread and following the initial advice from the FAQ's but also try to find recent and similar situations to your own, it is confusing when you can't so you ask for help.

I then followed the advice in the thread from Crabman to start my own thread for personalised questions about my own situation so I can get help and guidance from regulars.

Currently, my questions are, because I named the driver on the NCP appeal, shall I still not name the driver for POPLA or will it not make a difference? I assume I have to name myself still but wanted to check as per the POPLA FAQ section. I have also read NCP's T&C's, BPA Code of Practice, and POFA 2012 and come up with these grounds for my situation and I am using an appeal to help structure mine which you include in your POPLA FAQ section: "THAT IS WHAT A WINNING POPLA APPEAL CAN LOOK LIKE, VERY LONG AND WITH IMAGES. Another one, 26 pages long, with pictures - this won, Smart Parking gave up"

The grounds I am thinking to use are:

Ground 1: Contractual Obligations Satisfied and Operator Breach of Terms

Ground 2: Frustration of Contract & Absence of Lawful Claim under POFA 2012

Ground 3: Breach of BPA Code Sections 6 & 7 (Payment & ANPR System Failures)

Ground 4: Procedural Impropriety and Failure to Consider Evidence

Ground 5: Non-Compliance with POFA 2012 Timelines & Direct Breach of BPA Section 8

If you or anyone else has suggestions in what to use for my grounds and or amendments please let me know. My evidence (except the reference to BPA, NCP, POFA 2012) is the screenshot of the bank transaction/Apple Pay which is timestamped & dates, letter of confirmation from my bank saying it was a merchant initiated refund, NCP NTK letter and NCP Rejection letter.

Thank You 😊

Gr1pr

I think the wider point for anyone is, don't volunteer extra information or data unless legally compelled to do so, more like a "no comment " rebuttal, curb the need to explain anything, get excellent or even legal advice first, use the less is more option as an opening gambit, not just about private parking but in general

But if anyone receives a letter addressed to the keeper, deal with it as keeper

In your case i would suggest that you keep your appeal as driver, with evidence, as a first person witness, based on the grounds above, plus always include a section about the signage, and about no landowner authority, putting them to strict proof

Coupon-mad

"In your case i would suggest that you keep your appeal as driver, with evidence, as a first person witness, based on the grounds above, plus always include a section about the signage, and about no landowner authority, putting them to strict proof"

I agree - and sorry @vitaminC2319 if I came across earlier as not encouraging.

I think it's just that I let slip our frustration that so many people come here having binned the nailed-on winning appeal point. We want everyone to win!

You should win this anyway. NCP are likely to offer 'no contest', for the reason I gave: NCP aren't contesting POPLA appeals because the Administrator PWC doesn't know how to do that and it costs a fee for them, per case.