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NCP PCN to Keeper

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denz1968
denz1968 Posts: 91 Forumite
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in Parking tickets, fines & parking
Hi there


Just looking for some advice


The keeper of one of our cars has received a PCN from NCP for "parked longer than the time paid for and liability for the same having brought to the attention of the driver by clear signage in and around the site at the time of parking"


The driver on the day did forget to put a ticket on the car, but went back and was told by an NCP attendant that as long as the ticket was put on before midday there wouldn't be a problem. A ticket was purchased at 11:25am and duly put in the vehicle as per the NCP attendants advice.


We have now received the PCN.
Date of offence 24/03/2018
Date of sending notice 09/04/2018
Date of receiving notice 11/04/2018


Does the 14 day rule apply here?


Also with the advice given from the NCP attendant what is our best course of action. We aren't paying it, but do we appeal and not pay, or just do not pay.


I do intend visiting the car park to get photographs of what I am sure is their very unclear signage.


Thanks in advance

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  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Does the 14 day rule apply here?
    Yes - they're out of time to hold the keeper liable. It does not invalidate the ticket per se.

    So you appeal using the template in the NEWBIES FAQ sticky, post #1. Do not add or change anything in the template to avoid any danger of revealing the identity of the driver. Get your POPLA Code and your appeal to POPLA will win on the basis of 'No Keeper Liability'.
    Also with the advice given from the NCP attendant what is our best course of action.
    Do a Google search on 'Promissory Estoppel'. But the 'no keeper liability' is your ace card.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • denz1968
    denz1968 Posts: 91 Forumite
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    Umkomaas wrote: »
    Yes - they're out of time to hold the keeper liable. It does not invalidate the ticket per se.

    So you appeal using the template in the NEWBIES FAQ sticky, post #1. Do not add or change anything in the template to avoid any danger of revealing the identity of the driver. Get your POPLA Code and your appeal to POPLA will win on the basis of 'No Keeper Liability'.


    Do a Google search on 'Promissory Estoppel'. But the 'no keeper liability' is your ace card.



    Thanks for the quick response. On my way now to appeal with the template.... :beer:
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    You could just add the following final couple of paragraphs.

    As your Notice to Keeper has been given outside of the 'relevant period' prescribed in Schedule 4, paragraph 9 (5) of the Protection of Freedoms Act 2012, you are in no legal position to hold the keeper of the vehicle liable for this charge. As I will not be providing you with the driver's name and address for service (as is my right), I suggest you cancel this charge with immediate effect.

    Should you continue to pursue me, despite the above warning, I will immediately raise complaints about your conduct with both the British Parking Association and the DVLA.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • denz1968
    denz1968 Posts: 91 Forumite
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    thanks, appeal submitted
  • denz1968
    denz1968 Posts: 91 Forumite
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    Appeal decision received yesterday.


    Thanks to Umkomaas I won the appeal quite easily at the first attempt. I didn't even put in about the extras as I had submitted the appeal when you posted those.


    So massive thanks and to anyone getting an alleged fine, fight it following this forums guidelines
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Nicely done - can you post the full decision?
  • denz1968
    denz1968 Posts: 91 Forumite
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    nosferatu1001 wrote: »
    Nicely done - can you post the full decision?


    Dear Mrs ...... ,




    Re: Parking Charge Notice Number ZP!!!8230;!!!8230;!!!8230;.. (Vehicle: .......... )


    Site: Boston Market Place

    Issue date: 09/04/2018



    Further to your appeal received on 12/04/2018 regarding the above Parking Charge Notice.


    Your appeal has been reviewed and has been considered in conjunction with the evidence gathered by our Automatic Number Plate Recognition cameras,which record your entry and exit times. Having considered the content of your letter we are prepared on this occasion to cancel this notice.




    Thank you for taking the time to contact us in regards to this notice and I am sorry for any inconvenience this notice has caused you.



    Yours sincerely,


    Appeals Department


    National Car Parks Ltd.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    LOL, another one bites the dust! WELL DONE!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • denz1968
    denz1968 Posts: 91 Forumite
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    Coupon-mad wrote: »
    LOL, another one bites the dust! WELL DONE!





    Thanks very much especially for all the advice here
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