NCP rail station parking - F3 PCN

tempsc · 3 July 2018 at 8:43AM

Hi.

I was recently parked and paid for three days parking at a rail station. On arrival, the only space available to me was one which was slightly limited due to the way other cars were parked. This resulted in my RH front wheel being parked outside of the marked space. This was photographed and did show my wheel outside of the marked space. However, the photos were taken at a time with no other cars parked adjacent to mine as it was when I had originally parked.

Anyway, on my return, I had two parking charge notices attached to the windscreen. I have appealed one of the notices to NCP and this was refused.

Any advice as to where I go from here? Should I now appeal the second PCN? Go to POPLA? Ignore?

Thank you for any advice.

Umkomaas · 3 July 2018 at 8:55AM

Ticket #1 - your appeal has been rejected, so you should have a POPLA Code. Read up on how to appeal to POPLA via the NEWBIES FAQ sticky, post #3. Let us see your draft before submission. Be aware of the deadline date you have for submission.

Did you identify the driver in your initial appeal to NCP? What exactly did you say in it?

Ticket #2. Appeal to NCP using the template appeal in the NEWBIES FAQ sticky, post #1. Don't add anything to it. They will reject it (but by using the template no toes can be blown off by inadvertent identification of the driver), then you will have a second POPLA Code which you will deal with as per above.

The_Deep · 3 July 2018 at 9:02AM

Sounds like a total scam. Were this to go to court, (unlikely as NCP have found court costly in the past), imo they would crash and burn. Not only is it de minimis

https://www.bing.com/search?q=de+minimis&form=EDGTCT&qs=OS&cvid=da8a9fa2b3ff4fd79bccd83acf3ef033&cc=GB&setlang=en-GB&PC=ACTS

it may not be scheduled land for POFA, and if you have not told them who was driving they can go whistle. Complain to your MP

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

fisherjim · 3 July 2018 at 9:07AM

As TD said if this is a railway car park and covered by byelaws only the TOC can take this to a Magistrates court (and they won't), NCP can go no further than sending scary letters.

Stringing this out as much as possible would then kill it in six months when no further action can be taken.

tempsc · 3 July 2018 at 4:50PM

Thanks all. and to UMKOMAAS. Away on travels at the moment but will post on here my original appeal text and draft prior to POPLA submission too when I get back.

Thanks again.

tempsc · 10 July 2018 at 10:22AM

Hi UMKOMAAS.

Could you advise please? I've taken a look at the Newbie FAQ's stick 3 post but I'm unsure which part applies to my situation? Can I go with the 'No Keeper' route or 'Landowner Authority' route (as this is Rails station car park operated by NCP). I'm getting a bit confused and wonder if you could give me a bit of a steer please?

Thanks.

Umkomaas wrote: »

Ticket #1 - your appeal has been rejected, so you should have a POPLA Code. Read up on how to appeal to POPLA via the NEWBIES FAQ sticky, post #3. Let us see your draft before submission. Be aware of the deadline date you have for submission.

waamo · 10 July 2018 at 1:04PM

tempsc wrote: »

Hi UMKOMAAS.

Could you advise please? I've taken a look at the Newbie FAQ's stick 3 post but I'm unsure which part applies to my situation? Can I go with the 'No Keeper' route or 'Landowner Authority' route (as this is Rails station car park operated by NCP). I'm getting a bit confused and wonder if you could give me a bit of a steer please?

Thanks.

If you are doing a POPLA appeal chuck the kitchen sink at it. Not relevant land for POFA is a good starting point.

After that challenge everything form landowner authority to the size of their signs.

It's up to them to prove their case so make them prove their signs are big enough. Look around for a few examples. Hint post 3 of the Newbies thread might just have links to winning appeals.

tempsc · 10 July 2018 at 4:13PM

Thank you waamo

tempsc · 12 July 2018 at 2:46PM

Hi. Taking the advice of UMKOMAAS, I have lifted the template from stickyy #1. Quick question though...do I refer to myself as the keeper where I sign off the email?

Re PCN number: XXXXXXXXXX

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).

I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Formal note:

Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully, as Keeper.
P WXXX
1XXXXX XX Rd
Town
County
Post code

Coupon-mad · 12 July 2018 at 2:52PM

You don't need to write 'as keeper' because it's in the first line already.

paulstevens64 · 12 July 2018 at 3:21PM

That is not a POPLA appeal. That is the template to use for your initial appeal to the parking company. Do not send that to POPLA. Re read post 3 of the stickies section. You have already been told what to look for - by Wammo: "If you are doing a POPLA appeal chuck the kitchen sink at it. Not relevant land for POFA is a good starting point.

After that challenge everything form landowner authority to the size of their signs.

It's up to them to prove their case so make them prove their signs are big enough. Look around for a few examples. Hint post 3 of the Newbies thread might just have links to winning appeals.

Please follow his advice.

NCP rail station parking - F3 PCN

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