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Live cases legal advice => Private parking tickets => Topic started by: Cariboudle on December 20, 2024, 10:07:01 am

Title: Re: NCP Parking Charge NtK - Machines were broken
Post by: Cariboudle on December 28, 2024, 11:43:15 pm

Hi DWMB2

I used your template to appeal (although with Christmas and stuff I forgot all about it until Boxing Day!)

Anyway, they have responded quickly!  I got an email yesterday, only one day after submitting the appeal, with a letter attached stating the charge has been cancelled.

Quote

Further to your appeal received on 26/12/2024 regarding the above Parking Charge Notice.
Your appeal has been reviewed and has been considered in conjunction with the evidence gathered by our
Automatic Number Plate Recognition cameras, which record your entry and exit times. Having considered the content of your letter this notice has been cancelled.

Please ensure you take into account the displayed terms and conditions of parking, to ensure you do not receive any further Parking Charge Notices.

Title: Re: NCP Parking Charge NtK - Machines were broken
Post by: DWMB2 on December 20, 2024, 10:21:26 am

On the face of it the driver would have a decent argument to make that their contract was frustrated.

However, assuming you are the registered keeper with the V5C in your name and an up-to-date address, you have a far more straightforward appeal. They have not complied with the conditions of Schedule 4 of the Protection of Freedoms Act (there's a link in my signature underneath this post), which would allow them to hold you liable as the keeper of the vehicle. As they haven't done this, they can only hold the driver liable, and they don't know who that is! Therefore, appeal as the keeper, being careful not to tick any boxes etc. that reveal who was driving, with the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

Title: NCP Parking Charge NtK - Machines were broken
Post by: Cariboudle on December 20, 2024, 10:07:01 am

Hi all,

Me again. 

I have received this from NCP for an alleged contravention on the 28th November.  https://imgur.com/a/oESntdJ

I don't know if this is a valid reason but I understand from the passenger of the vehicle that the driver entered the registration number in the payment machines at the end of the visit to the shopping mall with the intention of paying for the parking session.  The machine confirmed there was nothing to pay, however.  The passenger said it was the type of machine that displays the photograph taken by the cameras at the car park's entrance and upon selecting the image to confirm it was the right vehicle, the machine merely said 'thank you for parking here' or 'thanks for your visit' or words to that effect and required no payment. The passenger assumed at the time that there was some kind of free period before charges kick in (much like another nearby car park for a different shop where the first hour is free).  The passenger cannot confirm if the signage said anything like this but I plan to drive there today to confirm.  There is no evidence of the passenger's recollection, unfortunately, neither driver nor passenger took a photo.

In the mean time, I'd appreciate your thoughts on the notice which invites me to either pay the charge or name the driver.  I'd like to appeal.

Thanks!