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Live cases legal advice => Private parking tickets => Topic started by: Braci on October 18, 2024, 10:21:36 am

Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: Braci on October 18, 2024, 03:44:30 pm
I have just sent it to both addresses.

Thank you.
Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: b789 on October 18, 2024, 03:38:52 pm
Just send the complaint as advised. It is interesting that the "Final Reminder" was sent four months after the date of the "incident".
Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: Braci on October 18, 2024, 02:48:31 pm
Thank You.
please see below my PCN which I though I embedded in my initial message, but did not happen.

https://imgur.com/a/H1yajzl
Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: b789 on October 18, 2024, 02:39:06 pm
I have logged in and you are correct, there is no option to appeal as it is probably well past any appeal deadline.

What is the issue date on the NtK? What deadline did the Final Reminder give for submitting an appeal?

You will have to send a formal complaint as follows:

Quote
Subject: Formal Complaint Regarding PCN [Insert PCN Number] – Non-receipt of Original NtK and Appeal Rights

Dear NCP,

I am writing as the registered keeper of the vehicle regarding the Parking Charge Notice (PCN) referenced above. I wish to raise a formal complaint regarding your handling of this matter.

I did not receive the original Notice to Keeper (NtK). The first correspondence I received was a Final Reminder, which arrived on the 16th of October, well after the alleged contravention. Due to the lack of a timely NtK, I have been denied my right to appeal within the usual timeframes, and I am now unable to appeal via your website.

I would like to bring to your attention that the alleged contravention took place at a Cambridge train station car park, which falls under statutory control by railway bylaws. As such, there is no legal keeper liability under the Protection of Freedoms Act (PoFA) 2012. I am under no legal obligation to identify the driver to an unregulated private parking company, and I will not be doing so. Therefore, I request that this PCN is cancelled.

Furthermore, I direct your attention to the British Parking Association (BPA) Code of Practice (CoP) version 9, particularly the following:

• Clause 23.8: This clause makes clear that where the recipient of a parking charge only discovers the charge after the 28-day period, the period must restart, and any enforcement action, excluding court action, must be paused. Given that I only became aware of this PCN after receiving the Final Reminder, this clause applies to my situation.

• Clause 23.23: This clause states that any complaint received that may include an appeal must be treated as an appeal until proven otherwise. As this complaint pertains to the validity of the PCN and the failure to deliver the original NtK, I request that it be handled as an appeal in accordance with the BPA CoP.

Given that the land in question is subject to railway bylaws, and no keeper liability can apply, I expect this PCN to be cancelled. If you refuse to cancel the charge, I request that you provide evidence that the original NtK was sent and that the PCN complies with the relevant legal frameworks, including PoFA and the BPA CoP.

Should you proceed with enforcement, please note that I will escalate this matter to the BPA and seek further advice regarding your breach of the Code of Practice.

Yours faithfully,

You can either email it to them at customer.service@ncp.co.uk or submit it via their webform here: https://www.ncp.co.uk/help-centre/contact-us/ then select "PCN" and then select "trying to appeal but option not available".
Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: b789 on October 18, 2024, 12:36:18 pm
PM me the PCN number and VRM and I can have a look.
Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: Braci on October 18, 2024, 12:32:47 pm
I did it many times after entering my references. It only lead to: Make Payment. I could not see a button or link highlighting: Make an appeal?

Thank you.

 
Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: b789 on October 18, 2024, 12:27:30 pm
Why can't you simply use this link and select the appropriate prefix on your PCN?

https://www.ncp.co.uk/help-centre/pcn-payment-and-appeals/

In fact, this is the link for Greater Anglia railway station parking appeal:

https://gaparking.co.uk/#manage
Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: Braci on October 18, 2024, 12:09:17 pm
Thank you.
 I could not find any straight forward link where to appeal following the texts on the final notice. I opened the Gapparking.co.uk website and logged in my reference, but could not see clearly where to appeal. I looked in NCP company website and found this email: Appeals@ncp.co.uk; Is it ok to email them on this with my reference or am I missing an online process?

Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: b789 on October 18, 2024, 11:50:01 am
Simply appeal as the Keeper with the following:

Quote
I am the registered keeper. NCP cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, NCP will be well aware that they cannot use the PoFA provisions because the car park at Cambridge Station is not 'relevant land'.

If the Train Operating Company at Cambridge Station wanted to hold owners or keepers liable under Railway Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because NCP is not the Station owner and your 'parking charge' is not and never attempts to be a penalty. It is created for NCP's own profit (as opposed to a bylaws penalty that goes to the public purse) and NCP has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NTK can only hold the driver liable. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Do it today and don't alter anything. Don't select any options that admit to being the driver. Use "Other" or "Keeper only".
Title: Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: DWMB2 on October 18, 2024, 10:23:09 am
To help us help you, please read the following thread carefully, and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)

The guide includes advice on using a third party site to add images.
Title: NCP Final reminder to Keeper - Cambridge Train Station PCN
Post by: Braci on October 18, 2024, 10:21:36 am
Hello everyone,

On October 16th, 2024, I received a final reminder notice regarding a parking charge notice (PCN) sent by post. This notice references a contravention on June 13th, 2024, and includes photographs of a car entering and exiting an NCP parking.

The driver had intended to use the parking space briefly while waiting for a train passenger arriving at Cambridge station. They attempted to download the parking payment app but were unable to complete the download or get it to function correctly. After encountering these difficulties, the driver decided to leave the parking.

I am the registered keeper of the vehicle. However, despite what the final reminder claims in writing, I did not receive the initial notification to the keeper.

Best regards

Braci
(https://i.imgur.com/70BPYCiundefined.png)
(https://i.imgur.com/ZD0s5MZundefined.jpg)
(https://i.imgur.com/cIb4u1uundefined.jpg)