NCP final notice for overstaying

ohhdeeear · 14 November 2018 at 6:24PM

Hi, thanks all - lots of questions all at once, Yes did notify DVLA re licence ages ago, but it's presumably V5 that's causing address issue. There was a lot going on when moving following a bereavement so have to assume V5 got sent off or got lost on way if they still have old address. That also seems wrong that DVLA can give out addresses without permission (knowing or not).

No, haven't contacted NCP as I explained in my last thread. The whole point about my original post was I didn't receive first notice because it went to old address, therefore did not have opportunity to go for POPLA in their time limit. Whether they have correct address or not relying on DVLA info, still should be fair and reasonable to expect them to give some kind of appeals process if they've been notified of correct address.

Unfortunately unlike most on here I'm not familiar with private PCNs at all or their process as I've never had one before, only legit ones from council. So it seems quite puzzling there is no recourse to question it at any stage. They seem quite happy to give another 14 days to pay up at reduced cost at new address rather than insisting it must be £100, which they could do it seems.

So it sounds like there's no point sending them appeal letter or telling them they cannot assume the keeper is the driver? So is the advice pay up then?

Fruitcake · 14 November 2018 at 6:31PM

Ask the DVLA when they got the change of address details from The Keeper, and ask who accessed The Keeper's personal data including VRN, and when between the day before the alleged event until now.

You really need to contact NCP as they will take the Keeper to court if it is ignored.
You have already been advised to to do this.
This is why you need the info from the DVLA as you may be able to argue that the DVLA had been informed of the change of address but hadn't updated it when NCP requested it.

Why on earth would you ask a parking forum dedicated to fighting unfair parking charges if you should pay?

I suggest you go back and read post 2.

Quentin · 14 November 2018 at 6:33PM

No-one here will advise you to pay

(Though you chose to ignore the advice to appeal you were given last month)

Whatever you decide to do you need make sure that the PPC has your correct address for service. As you were advised as soon as you started your thread - see #2)

Otherwise you risk getting a default CCJ against you that you know nothing about

Umkomaas · 14 November 2018 at 6:39PM

So it sounds like there's no point sending them appeal letter or telling them they cannot assume the keeper is the driver?

Try it, it costs nothing, but could have been sent at the time of my original advice. This is an entirely unregulated business, but we give 'best intentions' advice to help those caught up in it. It's not guaranteed as a silver bullet, but it does take most people forward in their fight.

So is the advice pay up then?

You're unlikely to get that advice on this sub-forum.

ohhdeeear · 16 November 2018 at 10:43PM

Thanks Umkomaas for advice and everyone else.

Wanted to ask can they refuse to offer POPLA code when appealing as keeper on a PCN to Driver?

Also wanted to check is their keeper liability under POFA 2012 affected if keeper does not receive NTK (sent elsewhere) and PCN to Driver sent more than 2 months after incident? If so, bring this up at this appeal or wait until POPLA (if get code)?

Thanks.

ohhdeeear · 18 November 2018 at 12:45AM

Hi, if anyone could answer my last post please, that would be a real help

Is it worth putting in at this stage of appeal a demand for evidence of what signage in place on day of incident (i.e before new signage put in)? And add that we have driver’s evidence that incorrect (old) signage was in place before changed over to new signage? Or save mentioning that evidence for POPLA if it gets there?

Thanks.

ohhdeeear · 19 November 2018 at 11:58AM

Before sending in appeal as keeper just wanted to check:

- can they in anyway wriggle out of sending POPLA code when appealing as keeper on a PCN to Driver?
- Is there any point at first appeal in demanding evidence of signage on date of incident as signage was from previous operator - wasn’t changed for months after moving to new operator?
- Should this appeal say that have got evidence from driver that old signage still in place. (therefore misleading customers unaware of changes - to new operator, new charge, new camera system, etc) or wait until POPLA (if get code)?
- is their keeper liability under POFA 2012 affected if keeper didn't receive NTK (sent elsewhere) and PCN to Driver then sent more than 2 months after incident? If so, bring up in this appeal or wait until POPLA (if get code)?

Final question - away from PCN challenge - is there a way of highlighting that 100s of customers have been caught out by car park's old signage not being changed for months after new operator takes over / installs new charges / ANPR, etc?
Thank you!

Coupon-mad · 20 November 2018 at 3:04AM

Just send the usual template appeal from the NEWBIES thread - stop delaying it! You'll only know if you get a POPLA code when you try!

nosferatu1001 · 20 November 2018 at 10:09AM

And that was the advice on pepipoo as well
Just send the appeal
IF they try to wiggle THEN you complain
Its not tricky.

The_Deep · 20 November 2018 at 10:17AM

complain to your MP.

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

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

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

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

NCP final notice for overstaying

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