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Ncp anpr

greg2424
greg2424 Posts: 42 Forumite
edited 6 September 2017 at 4:18PM in Parking tickets, fines & parking
Hi Folks,

Been reading through the sticky and just wanted to check that my correct course of action is to send the BCA template via e-mail to NCP.

My vehicle was captured going in and out of an NCP car park in a timescale of 16 minutes.

Based on the sticky, it seems I can just send this BCA template letter and leave it at that....?
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Comments

  • Redx
    Redx Posts: 38,084
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    its BPA , British Parking Association , not British Car Auctions !!! ;)

    use the blue text appeal "as is" , no alterations

    do not lie , do not make things up , tell them nothing at all , keep stum , no comment !!!

    capiche ?
  • Umkomaas
    Umkomaas Posts: 41,249
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    During which time the car was not actually parked, I jumped out
    Very dangerous manoeuvre to jump out of a car that is still moving.
    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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  • Guys_Dad
    Guys_Dad Posts: 11,025
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    Breaking down what you have written into its simplest elements.

    1. You used a pay and display carpark.
    2 You were timed at 16 minutes and there was no free period.
    3. You got caught.

    Your mindset is "It was only 16 minutes and someone was in the car all the time". Their counter argument is "You chose to use our paid-for facility and skipped out without paying"

    They offered a service contract that you accepted by driving in, parking and conducting your business. You presumably would have paid if you and your family had parked up and gone somewhere for a couple of hours, so where is the cut off point?

    1 hour?
    30 minutes?
    20 minutes?

    Your eventual appeal will have to be based on the fact that they have failed to bring to your attention by lack of signage the t&cs applicable, or they have failed procedurally to follow POFA when they send the NtK or they did not follow their trade association code of practice.

    So your case is, as I said, very simple. You chanced your arm and got caught so now you need a loophole to get off. No harm in that (as the charges are ludicrous) so start reading a couple of the latest pages in this forum.

    The one stroke of luck you do have is that NCP are not usually litigious.
  • Redx
    Redx Posts: 38,084
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    edited 7 August 2017 at 7:59PM
    do not listen to what any "friend" says

    read and follow the info in the NEWBIES sticky faq at the top of this forum

    the maximum time you are allowed on private land is 10 minutes, so yes 5 minutes seems ok , but 16 minutes isnt
  • Fruitcake
    Fruitcake Posts: 58,150
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    As already mentioned, your car was parked. It matters not if there was someone in it or the engine was left running.

    You send the BPA template by whatever method it tells you to use on the PCN/NTK. If it says email, then send it by email, if it says carrier pigeon, then use that method.

    Your friend appears to know nowt about private parking. You should send them here to be educated. The only fourteen day period that is relevant is if the NTK arrived or not by day fourteen where no notice to driver was issued, day zero being the day of the alleged event. Any other reference to day fourteen is relevant only to mugs.
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  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    They might be thinking of COUNCIL tickets, but even then theyre not required to freeze the 14 day discount period. Your friend is woefully ill informed.

    Edit your post. Dont say who drove. Thats on every single thread.
  • greg2424
    greg2424 Posts: 42 Forumite
    Hi, I just received my response from NCP

    Re: Parking Charge Notice Number XXXXXXXX(Vehicle: XXXXXXXX)
    Issue date: 03/08/2017

    Thank you for your appeal received on 15/08/2017 regarding the above detailed Parking Charge
    Notice, we have reviewed your case and considered the comments you have made. Your appeal has
    also been considered in conjunction with the evidence gathered by our Automatic Number Plate
    Recognition cameras, which record your entry and exit times. Our records show the notice was
    correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking.

    We are therefore unable to cancel the Parking Charge Notice as it was issued correctly. We have now
    extended the discounted payment period by 7 days to allow you time to pay the discounted settlement
    amount. Please now make payment of £60 to reach us by 09/09/2017 or £100 to reach us by
    23/09/2017. We must advise you that once the discounted settlement rate passes it will not be offered
    again.

    Payments can be made by cheque or postal order made payable to National Car Parks Limited, please ensure you write your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post.

    You have reached the end of our internal appeals procedure. NCP will not assess further appeals in
    relation to this matter. However, in line with our Accredited Trade Association (ATA) membership we
    are required to provide you with an Independent Appeals Service. If you wish to appeal your case
    further you can now only do so to Parking On Private Land Appeals (POPLA) provided by Ombudsman Services on instruction of the British Parking Association.

    All information on how to appeal to POPLA is provided on their website; you will need the following 10-digit verification code to submit your appeal; XXXXXXXXX.

    Please note that should you wish to appeal to POPLA you must do so within 28 days from the date of
    this letter. If POPLA reject your appeal you will be liable for the full amount of this PCN. The discounted amount will not be reinstated under any circumstances. POPLA will also not asses a case that has been paid prior to the appeal being received by them. By law we are also required to inform you, Ombudsman Services provides an alternative dispute resolution service (ADR) that would be competent to deal with your appeal. However, NCP have chosen not to participate in their ADR service and as such should you wish to appeal further you must do so to POPLA as detailed above.

    Yours sincerely,
    Appeals Department
    National Car Parks Ltd.

    Should I fight this further? Is there another template I need to use for the POPLA appeal? Do I need to go and take photos? Again, any advice would be much appreciated.
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    edited 30 August 2017 at 12:37AM
    Win at POPLA by copying another one just like it, by searching 'NCP POPLA' and change to ''show POSTS''.

    EASY.
    So your case is, as I said, very simple. You chanced your arm and got caught so now you need a loophole to get off.
    The loophole is the POFA, of course, ''no keeper liability'', as long as you never said who was driving nor chose 'driver' in NCP's drop-down menu, like a numpty poster told us they managed to do last week.

    No idea why people don't know what to do next - the NEWBIES thread covers POPLA stage and gives pre-written template appeal points; it can't get much simpler.
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  • Assuming the advice was to edit my OP, I have gone ahead and done that.... Although I'm not sure exactly what this achieves other than the possibility that authorities trawl this forum looking for evidence.....?
  • The problem is that there is no clear indication on the forum of where I should be going with this after receiving the letter I posted above. There are numerous (countless even!) pages of information, but none that align with my own situation in that I am appealing ANPR with NCP on the grounds of not being the driver. I have tried searching the forum but I cannot find a 100% match.....

    When I wrote to NCP using the online appeals part of their website and stated that I was the keeper and not the driver.

    The main issue I am having is trying to determine what I now send to NCP (or POPLA?) and whether there is a template I can use for that? It seems that in some cases it is dependent on the presence of some "29 days" passage of text that appears (or not) in the initial letter. Some people have stated sending lengthy accounts of the scenario on the day, but since my position is that I am not the driver, surely I only need to state that I was not the driver and that I am not obliged to provide that information?

    I only have until the 9th to pay the £60, so would rather pay that sooner rather than later if I'm unlikely to win.

    Many thanks in advance
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