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Thanks that makes sense.

The BPA form states they only deal with "exhausted complaints" and "if there has been a breach of our Code of Practice you must complain to our member first" - sounds silly but does that mean I now need to complain again today to NCP for not acknowledging my earlier complaints?

It also asks to upload a copy of the 'Complaint outcome' from the Operator far - I do have screenshots of the complaints regarding the Final Reminder letter submitted via the NCP website before. So I should attach those original complaint screenshots? And if I complain again today another screenshot? Bet I still don't get any NCP acknowledgement!

Are the relevant sections therefore CoP 23.25 (full response within 28 days), and in addition CoP 23.23 (consider complaints made as appeals), and 23.24 (within 14 days)?

Thank you for the help 

Hi @b789 and everyone in the forum, I need some urgent guidance, please!

In early October, I followed the forum’s previous advice after receiving a Final Reminder letter about an incident dating back 4 months, just like last time. Yet again, I had not received any initial Notice to Keeper (NtK) beforehand.

I submitted a complaint via NCP's online "Contact Us" form on October 22nd, again, just as I did last time. Previously, the Final Reminders were both cancelled following this process.

However, this time I didn’t receive any acknowledgment or automated response, unlike before. I tried resubmitting on November 4th, using both my usual and an alternate email address, but still received no acknowledgment. The 14-day deadline for this second attempt at a complaint is fast approaching—Monday, November 18th.

To my frustration, I’ve now received a debt recovery letter with a 14-day deadline ending in one week! Every PCN so far has been cancelled (since Cambridge North isn’t relevant land and there’s no keeper liability). Still, I’ve had no acknowledgment of my complaints and never received an initial NtK.

I’m at a loss on how to proceed! Should I report this to the BPA? What should I do about the debt recovery letter? Is online chat worth trying, even though it was advised against last time?

Any help would be greatly appreciated - I’m baffled and frustrated by NCP’s lack of response!!

Thanks in advance!

Thanks @b789 for the feedback.

Have submitted two separate Complaints for each PCN as advised, using the 'Contact Us' form on the NCP Help section of their website.

Is this the correct way to submit a Complaint? I have only received one automated acknowledgement back from NCP for both submissions stating I will get a response back in 48hrs.

When should I expect to receive a response and acknowledgement of the two separate complaints?

Given the 14 day clock for the Final Reminder is ticking, should I use the chat or call them to ensure they are acknowledged (NCP "...are unable to receive postal correspondence at this time")? Their website states that I should expect to "...be advised of a URN (‘unique reference number’) that can be used to identify progress of their complaint. Thereafter, the complaint will be escalated internally to the appropriate team for review and actioning."

Will let you know what comes back and thanks for the help so far!

Sorry for the long post here all, but this is my second new thread on the same topic!

Urgent advice and help needed please regarding two Final Reminders received last week from NCP as the registered keeper for alleged contraventions on land under statutory control (Railway ByLaws- Cambridge North Station) without having received any initial PCN NtK's!

As per previous threads the land is not 'relevant land' and the contraventions were months ago in March/April. I can upload a redacted copy of one Final Reminders here if needed - as the discounted period has passed there is no option to appeal nor indeed any details of how to lodge a Complaint to dispute the validity of the PCN NtK!!!

Following my first thread in March ("Cambridge North NCP Car Park - 2x PCNs") I received guidance that resulted in NCP cancelling the PCNs on this site. As noted by @b789 at the time, "automated dispatch errors" have happened before affecting this car park; in March NCP issued this "apology" for delays in issuing PCNs:

National Car Parks Ltd. have identified an issue with the automated despatch of the Parking Charge Notice (PCN) letters with the PCN reference beginning with ‘GA’.  This has resulted in the delay in the despatch of the letters informing customers of the contravention. Parking Charge Notices offer a period where a customer can settle the matter at a discounted rate (14 days from receipt of the letter). The issue has led to a number of letters arriving with the customer with the discounted offer period either already expired or expiring within a few days from receipt of the letter.

NCP would like to apologise for the confusion this has caused. We will ensure that all of our customers who have been impacted are given the opportunity to settle that matter or appeal as they feel appropriate. NCP will be writing to every customer that has had a notification issued over the last 4 weeks. We will be extending the discounted period for 3 weeks as from the date of the new letter.

NCP will be monitoring the situation closely and will be putting additional safe guards in place to rectify this one off issue.

Once again we would like to apologise for the upset that this has caused.

Is this "automated despatch" issue happening again??? 

In terms of how best to respond, given I cannot submit an appeal, and as per previous guidance on this forum from @b789 and others, is this approach OK? Any help much appreciated!!

1. Request a Subject Access Request - asking for a copy of all correspondence on me as registered keeper and on the car to see the original PCN NtK's
2. Submit a Complaint to dispute the validity of the PCN - could someone confirm how this is best done as it is not clear on the Final Reminder at all? Via the 'Contact Us' webform on the NCP Help section of their website? My suggested wording reads as follow -  is this adequate?:

I am the registered keeper of XXX and advise you to consider this correspondence as an official complaint, not an appeal and, as such, requires a response within the required timescale that can be escalated to the BPA if necessary.
 
As registered keeper of XXX, I did not receive any initial letters before two Notice to Keeper Final Reminder letters (your refs XXX, XXX) were received on Friday, the 2nd August 2024. I have therefore submitted a Subject Access Request to receive a copy of the original PCN Notice to Keeper letters to which I await a response.
 
Furthermore, as your allegation of a breach of terms occurred on land subject to statutory control by bylaws (Cambridge North – Main Car Park), it is not relevant land for the purposes of the Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and therefore there can be no keeper liability.
 
NCP cannot hold a registered keeper liable. As a matter of fact and law, NCP (as a longstanding BPA Parking operator) will be well aware that they cannot use the PoFA provisions to hold a keeper liable because Cambridge North Station car park, is not 'relevant land'. If Greater Anglia 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 to have been the driver nor pursued as such under an interpretation of the law of agency.
 
As per the BPA CoP paragraph 23.8, please reissue the original NtK at which point I will submit an appeal. If rejected, you will be required to provide me with a POPLA code where an appeal by the keeper will be upheld.
 
I await your response.

Thanks everyone, appreciate the feedback/help as this is OUTRAGEOUS!!!     

Here is one redacted copy if it helps, the other two PCN's are identical and for the 6th and 12th December.

Checked and they are also the same as the original PCN's received for dates in November 2023.

[ Guests cannot view attachments ]

PCN's cancelled! Must admit I was somewhat sceptical, so many thanks @b789 for all the help and guidance.

Worth noting the wording in the reply states that they have accepted my appeal for this contravention only, and not in relation to any PCNs issued in future.

Surely accepting these appeals is an admission of the fact of law that NCP are not able to pursue keepers for these NtK's on non-relevant land, and therefore shouldn't be sending out these NtK's or contacting DVLA for the registered keeper's details in the first place?

Hi @b789 – just getting round to submitting via the appeal process, is this enough please? Would very much appreciate thoughts:

“I am the registered keeper, and I am under no obligation to identify the driver. Your Parking Charge Notice to Keeper is for an alleged breach of contract on land that is subject to statutory control, and it is therefore not relevant land for the purposes of the Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and there can be no keeper liability.

I advise you to consider this correspondence as an official complaint, not an appeal and, as such, requires a response within the required timescale that can be escalated to the BPA if necessary.”

As mentioned in the original post wondering if more NtK’s like this from months ago could exist. Would multiple PCN’s affect the creditor’s desire to try to make a claim here if they feel they can prove who the driver was in court, e.g. balance of probabilities etc?? Given all that you have explained is that even possible? I could not reasonably take the risk of losing a claim in court and receiving a CCJ due to my profession, however unlikely that is to happen.

Thanks again for your advice.