3. ECN Kensington Gardens NSL Parking Machine not working
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Re: ECN Kensington Gardens NSL Parking Machine not working
« Reply #30 on: »
Many thanks regarding Pofa explanation.

For previous Parking Charge Notices, the lease company DID NOT pay. They simply share my details with whoever issued the PCN and I would expect exactly the same for this ECN. And they didn't charge me any admin fee. Would expect the same this time as well.

Does this information change your suggestion?
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Re: ECN Kensington Gardens NSL Parking Machine not working
« Reply #31 on: »
Quote from: 8vaibhav on February 28, 2025, 07:21:27 pm
For previous Parking Charge Notices, the lease company DID NOT pay. They simply share my details with whoever issued the PCN and I would expect exactly the same for this ECN. And they didn't charge me any admin fee. Would expect the same this time as well.

Does this information change your suggestion?

I think we'd need to see the NTO and the options available to the keeper to be sure. If it's the same as a PCN then fine.
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Re: ECN Kensington Gardens NSL Parking Machine not working
« Reply #32 on: »
Does this information change your suggestion?

No.

You are NEITHER dealing with a Parking Charge Notice(private parking) NOR a Penalty Charge Notice(enforcement authority), you are dealing with an Excess Charge Notice. A different beast.

Do not fall into the trap of mapping across experience of parking/penalty charge notices to this issue.
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Re: ECN Kensington Gardens NSL Parking Machine not working
« Reply #33 on: »
Quote from: H C Andersen on February 28, 2025, 08:04:19 pm
Does this information change your suggestion?

No.

You are NEITHER dealing with a Parking Charge Notice(private parking) NOR a Penalty Charge Notice(enforcement authority), you are dealing with an Excess Charge Notice. A different beast.

Do not fall into the trap of mapping across experience of parking/penalty charge notices to this issue.

Yes, I understand that this is neither a Parking Charge Notice nor a Penalty Charge Notice, I was just mentioning PCNs as I don't expect different behavior from my leasing company. Of course, the behavior of NSL and the whole appeal process could be materially different but my leasing company is just going to pass on my details and NOT charge me an admin fee.

Therefore, my reading is that if NSL sends them an NTO, they will reply with my details (and inform me of the same with a copy of NTO they receive) and then I would likely be sent another NTO by NSL subsequently.

I do understand that without the actual NTO it's going to difficult for the kind people here to advise me. But even if that has a small chance of an actual appearance in the court to challenge, I would rather just pay £40 now than fight to save £80 then. Therefore, I am inclined to just pay £40 and settle this now, unless advised differently here.

Many thanks again.
« Last Edit: February 28, 2025, 10:11:25 pm by 8vaibhav »
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Re: ECN Kensington Gardens NSL Parking Machine not working
« Reply #34 on: »
No-one's going to court at this stage.

But 'Therefore, my reading is that if NSL sends them an NTO, they will reply with my details (and inform me of the same with a copy of NTO they receive) and then I would likely be sent another NTO by NSL subsequently.' may or may not be correct in this case, we can't know because the legislation they state they're acting under makes no provision for NTOs so we've no way of knowing what one might state.

You might contact NSL and ask them ....

Perhaps..

ECN ******, you've unsuccessfully challenged this notice and been informed in writing (letter dated ****) that the next stage in the enforcement process would be for NSL to issue a Notice to Owner to the registered keeper. In this case, the vehicle is on long-term lease from **** who are the registered keeper. You would like to contact them to apprise them of the situation but are unsure what form the NTO would take and the options available to the keeper. Would NSL be able to supply you with a blank form of NTO which would not only assist your understanding but also ensure that the keeper is fully briefed and able to respond quickly when served. 

Some thoughts.
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Re: ECN Kensington Gardens NSL Parking Machine not working
« Reply #35 on: »
Quote from: H C Andersen on March 01, 2025, 12:02:32 pm
No-one's going to court at this stage.

But 'Therefore, my reading is that if NSL sends them an NTO, they will reply with my details (and inform me of the same with a copy of NTO they receive) and then I would likely be sent another NTO by NSL subsequently.' may or may not be correct in this case, we can't know because the legislation they state they're acting under makes no provision for NTOs so we've no way of knowing what one might state.

You might contact NSL and ask them ....

Perhaps..

ECN ******, you've unsuccessfully challenged this notice and been informed in writing (letter dated ****) that the next stage in the enforcement process would be for NSL to issue a Notice to Owner to the registered keeper. In this case, the vehicle is on long-term lease from **** who are the registered keeper. You would like to contact them to apprise them of the situation but are unsure what form the NTO would take and the options available to the keeper. Would NSL be able to supply you with a blank form of NTO which would not only assist your understanding but also ensure that the keeper is fully briefed and able to respond quickly when served. 

Some thoughts.

Thanks much.
I take it that with their last letter I do have another 14 days to pay reduced £40 if needed. So I have emailed them asking for a blank form NTO as per your suggestion. Let's see what they come back with.

This is what I have written:
______________________________________________
Dean NSL Services,

ECN xxxxxxx, I have unsuccessfully challenged this notice but wish to find out better my options to dispute this further.

I have been informed in writing (letter dated 26th Feb, 2025) that the next stage in the enforcement process would be for NSL to issue a Notice to Owner to the registered keeper. In this case, the vehicle is on long-term lease from Octopus Electric Vehicle who are the registered keeper. I would like to contact them to apprise them of the situation but are unsure what form the NTO would take and the options available to the keeper.

May I request NSL to kindly supply me with a blank form of NTO which would not only assist me in understanding but also ensure that the keeper is fully briefed and able to respond quickly when served.

Please advise.
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Re: ECN Kensington Gardens NSL Parking Machine not working
« Reply #36 on: »
Let's see how they respond.

Keep your eye on the clock.
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Re: ECN Kensington Gardens NSL Parking Machine not working
« Reply #37 on: »
Seems I would just need to pay £40 and move on, as I haven't received any response on email yet and the contact number isn't getting picked up...
14 days from the appeal rejection (26/2) are expiring tomorrow.

Any advice?
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Re: ECN Kensington Gardens NSL Parking Machine not working
« Reply #38 on: »
Our normal advice is to pay ECNs at the lower level.

NSL have introduced an extra-procedural layer by referring to a NTO. As there's no provision for this in regulations we've no idea what it would demand, would it perhaps include a discount option? We simply don't know because it exists only in their world.

And they're not welcoming us to their world on request.

The choice is yours.
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