Thank you for that clarification. So, to summarise:
| Item | PCN1 | PCN2 |
| Alleged contravention | 14 June 2024 | 16 January 2025 |
| NtH issued | 4 February 2025 | Not received |
| Driver identified? | No | No |
| Hirer is? | A company | A company |
| Payment made? | £60 on 5 Feb (intended for PCN1) | Payment wrongly applied here |
| PCN status | Sent to debt recovery agent | No NtH received – therefore not properly pursued |
Depending on how the £60 already paid was made (credit card?) it it may be possible to try and get that back, but it depends on a few practical and legal factors.
1. Can the payment be reversed (e.g. via credit card chargeback)?
If your company paid by credit card, a chargeback request could be made to the card provider on one of the following grounds:
• Payment made in error;
• Misrepresentation by the merchant;
• No valid liability existed, and the service (debt settlement) was not contractually owed.
However:
• Chargeback schemes (e.g. Visa/Mastercard) typically require prompt action — often within 120 days of the transaction.
• Some banks will resist where the transaction involved a service knowingly rendered (e.g. a parking charge), unless you can show you were misled or coerced.
It’s also worth noting that because parking charges are “civil debts,” not goods or physical services, success with chargebacks is inconsistent.
2. Legal Position: Payment Made Under a Mistake of Fact
In contract law, a payment made under a mistake of fact (e.g. a belief that the company was liable, when it was not) may be recoverable through an action in restitution.
The relevant principles are:
• A mistaken payment, if not owed, can be reclaimed (Kelly v Solari (1841)).
• However, if the recipient has changed their position in reliance on the payment, they may resist restitution.
So, if NCP accepted the payment without valid liability, you could demand repayment, particularly if they had no legal entitlement to it (no PoFA, no driver admission).
For now, you can send the following formal complaint to NCP at customer.service@ncp.co.uk and make sure to CC in yourself:
[Your Company Name]
[Company Address]
[Postcode]
[Email Address]
[Date]
National Car Parks Limited
Saffron Court
14B St. Cross Street
London
EC1N 8XA
To: customer.service@ncp.co.uk
Dear Sir/Madam,
Formal Complaint – Parking Charge Notices: [insert PCN1 ref] and [insert PCN2 ref]
Vehicle registration: [insert VRM]
We write in relation to the above parking charge notices issued in connection with alleged contraventions at Cambridge North station, dated 14 June 2024 (PCN1) and 16 January 2025 (PCN2). This is a formal complaint regarding NCP's handling of these matters and the inappropriate allocation of payment made by our company.
Our company is the Hirer, not the Registered Keeper, and the driver of the vehicle has not been identified in relation to either notice. Accordingly, we have reviewed the notices and NCP’s correspondence in the context of the applicable legal and regulatory framework, including the Private Parking Code of Practice v1.1 (17 February 2025) and the Protection of Freedoms Act 2012 (PoFA).
PCN1 – Issued 4 February 2025
This Notice to Hirer was issued over seven months after the alleged parking event, with no justification provided for the significant delay. We note that:
Cambridge North station is not relevant land under PoFA, being subject to statutory control.
PoFA does not apply, and NCP cannot lawfully transfer liability to the Hirer.
The language in your notice ("The driver is liable") confirms you are not relying on PoFA.
A payment of £60 was made on 5 February 2025 as a gesture of goodwill to resolve this matter in full and final settlement.
Despite this, the payment was not correctly allocated, and collection activity has since continued. This is improper.
PCN2 – No Notice Received
We have never received a Notice to Hirer for PCN2. It is procedurally flawed and unenforceable.
Allocating the payment made in respect of PCN1 to PCN2 is a misapplication of funds.
This act has wrongly caused PCN1 to be marked unpaid and referred to a debt collector.
Formal Complaint and Required Actions
We now require that NCP:
• Reallocate the £60 payment to PCN1, for which it was intended.
• Cancel PCN2, which was never properly served and is unsupported by any driver admission.
• Confirm in writing that no liability remains for either PCN and that all enforcement action will cease.
• Remove the matter from debt collection, and confirm that the account has been marked as settled.
Any further collection activity — particularly in relation to a charge that was either not served (PCN2) or already settled (PCN1) — will be treated as harassment and reported to the relevant regulators for breach of the Private Parking Code of Practice, Section 1.5 (fairness, transparency, and accountability).
If this matter is not resolved within 14 days, we will escalate our complaint to the BPA and DVLA and reserve our right to pursue further action.
Yours faithfully,
[Your Full Name]
[Job Title]
For and on behalf of [Company Name]