Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Morty1970 on December 24, 2024, 02:54:51 am
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Hi all.
Thanks to everyone for their help.
My fake parking ticket was cancelled using the advice given on here.
Cheers.
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That's good news....I'm still waiting to hear back :o
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Thanks for this, much appreciated. One thing, the appeals process in the NCP NTK directs you to greater anglias(train operating company)website. Do I still use the same template provided?
Have you appealed? My invoice/PCN has been cancelled.
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Interesting, I've also had a PCN issued in the same manner at Colchester station - issued on 20th December for an alleged partial payment/overstay on 22nd October.
The issue is double dipping due to the building works and temporary routes whilst the multi story is being demolished. I suspect they are getting quite a few of these tickets due to the works yet the shysters still try it on.
I've appealed using PoFA as one defence as well as the actual matter in hand (the alleged entrance being an exit and the alleged exit being the entrance the next evening - was in London for gigs two nights in a row rather than being a regular commuter).
Yep still use PoFA as a defence etc - it's (unless proven otherwise) railway land. They should also have ANPR evidence of the other entrances/exits to connect the dots. A PCN invoice number starting GA directs over to Greater Anglia's site, GRA goes to NCP.
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Thanks for this, much appreciated. One thing, the appeals process in the NCP NTK directs you to greater anglias(train operating company)website. Do I still use the same template provided?
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It would help if you showed us the Notice to Keeper (NtK) you received. Please read this thread for details on how to use the forum:
READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
However, irrespective of what your alleged contravention is, as long as the driver is not identified, nothing can happen.
Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
Colchester station car park is not "relevant land" for the purposes of PoFA. This means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
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 Colchester station is not 'relevant land'.
If the Colchester station operator wanted to hold owners or keepers liable under Railway Bylaws, that would be within the operators'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 or operator 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.
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Hi all.
Just received an NCP PCN for my car which was alleged to have overstayed at Colchester station car park.
The alleged overstay was said to have occurred October 23rd 2024, the PCN was received today, December 23rd.
I have 2 ANPR pics of the car,one entering at 2229 on 20/10/24 and one leaving at 1215 on 23/11/24. This car would NEVER enter at this time and would never leave at the stated time. The pics provided are actually incorrect because the entry pic is actually the leaving pic and the leaving pic is the entry pic.
This car visits this car park at around 1215 each day and leaves around 2230.
The car would not have stayed overnight and actually visits this car park 5 days a week.
The car parking was paid as it should be via the PAY BY PHONE parking app.
Please help and point me in the right direction to getting this cancelled.
Thankyou.
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