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NCP PCN - appeal denied going 1 minute over stay due to injured child

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  • Themadcow
    Themadcow Posts: 17 Forumite
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    Stage one complete... complaint sent to BPA and DVLA regarding unfair practice from NCP and financial discrimination over use of the POPLA system incurring a larger fine.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Themadcow wrote: »
    and financial discrimination over use of the POPLA system incurring a larger fine.

    Huh? Using POPLA doesn't increase the "fine" ... it merely removes the early payment bribe discount. Sorry but that pony has no legs.
  • Themadcow
    Themadcow Posts: 17 Forumite
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    edited 3 October 2017 at 11:30AM
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    DoaM wrote: »
    Huh? Using POPLA doesn't increase the "fine" ... it merely removes the early payment bribe discount. Sorry but that pony has no legs.

    I'm aware that legally it has no grounds, but I'd argue all day long that the real cost is £60 and that the £100 is effectively an additional penalty. By removing the ability to claim the early payment discount if you lodge an independent appeal, they are clearly discriminating against those who are less able to pay the additional £40. There is no actual cost to them of a delay, other than marginal interest rate gains, so the extra £40 is nothing more than a disincentive to appeal.

    I'm not arguing my own case against paying the £100, I'm arguing that such a system is discrimination - and lobbying for a rule change.
  • Half_way
    Half_way Posts: 7,054 Forumite
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    don't forget to mention the improper use of your personal data, as it was well within the grace period, if claiming for an overstay.
    Also, who approved the anpr camera? stating an approved device is misleading ad it infers some official regulated service/calibration etc, even in reality councils can not use anpr due to the inaccuracies inherent in anpr set ups.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    NCP dismiss the appeal, citing that "Whilst I appreciate that you had made payment for parking on the day of contravention, the payment had expired prior to your exit of the car park" also stating that because the notice had been issued "correctly" it can not be cancelled

    They do acknowledge it was a valid ticket, but are trying to fine me for 1 minute overdue regardless.

    Wow wow wow - absolutely deserves the BPA complaint! Never seen such a stupid rejection letter, they'd have been all right(ish) if they'd said, we are still saying you breached the contract because you didn't put the VRN in, but instead they've gone for the fact you were ONE minute over by the time the car passed the exit!

    Shocking. Someone at NCP needs a bit of retraining, it seems.

    Keep an eye on your POPLA deadline (30 days from rejection) and if the BPA haven't dealt with this and got it cancelled, make sure you work on your POPLA appeal with our help, with a good week to spare.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • fisherjim
    fisherjim Posts: 6,036 Forumite
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    I was going to say this is unbelievable but then again you are dealing with total Muppets.

    It seems like the NCP scammers office can't get the replies out fast enough and don't even read their own drivel, they are obviously mixing up what they are doing!


    Themadcow wrote: »
    ...the extra £40 is nothing more than a disincentive to appeal.

    You are perfectly correct with this.
    Themadcow wrote: »
    .... and lobbying for a rule change.

    However you will never succeed with this even councils do it:
  • DoaM
    DoaM Posts: 11,863 Forumite
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    fisherjim wrote: »
    However you will never succeed with this even councils do it:

    Which was why I made the pony/legs comment. :)
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    Themadcow wrote: »
    I'm aware that legally it has no grounds, but I'd argue all day long that the real cost is £60 and that the £100 is effectively an additional penalty. By removing the ability to claim the early payment discount if you lodge an independent appeal, they are clearly discriminating against those who are less able to pay the additional £40. There is no actual cost to them of a delay, other than marginal interest rate gains, so the extra £40 is nothing more than a disincentive to appeal.

    I'm not arguing my own case against paying the £100, I'm arguing that such a system is discrimination - and lobbying for a rule change.

    You’re barking up the wrong red herring there. Pointless, it’s been done to death!

    Have you complained about the real issue here - that you don’t know what it is you’re appealing against, as NCP don’t seem to know their 4rse from their elbow in your case?
    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.

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  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    But surely you had to queue to leave the car park. This is not counted as time parked.
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 37,650 Forumite
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    As others have said, that one minute thing is ridiculous.

    However, your explanation seems to lack information.
    Probably because NCP simply haven't supplied you with that info.

    You have told us:
    They have exit photographed at 11:45:37, and ticket shows 11:44 expiry.
    As the site is 'managed', I use the term loosely, by ANPR camaras, what time was the car recorded as having entered the car park?

    The PCN tells us that "the period of parking was recorded by an approved ANPR camera", so a question must be "how long was it after arriving at the car park before the driver bought a ticket?"

    Do you have a timed entry photograph?
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