3. NCP Final reminder to Keeper - Cambridge Train Station PCN
« previous next »
Pages: [1]

Author Topic: NCP Final reminder to Keeper - Cambridge Train Station PCN  (Read 760 times)

0 Members and 150 Guests are viewing this topic.

NCP Final reminder to Keeper - Cambridge Train Station PCN
« on: »
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


« Last Edit: October 18, 2024, 11:30:38 am by Braci »
Logged

Share on Bluesky Share on Facebook

Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #1 on: »
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

The guide includes advice on using a third party site to add images.
Logged
Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #2 on: »
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".
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #3 on: »
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?

Logged
Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #4 on: »
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
« Last Edit: October 18, 2024, 02:11:42 pm by b789 »
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #5 on: »
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.

 
Logged
Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #6 on: »
PM me the PCN number and VRM and I can have a look.
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #7 on: »
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".
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #8 on: »
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
« Last Edit: October 18, 2024, 02:50:06 pm by Braci »
Logged
Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #9 on: »
Just send the complaint as advised. It is interesting that the "Final Reminder" was sent four months after the date of the "incident".
Logged
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: NCP Final reminder to Keeper - Cambridge Train Station PCN
« Reply #10 on: »
I have just sent it to both addresses.

Thank you.
« Last Edit: October 18, 2024, 05:53:17 pm by Braci »
Logged
Like Like x 1 View List
Pages: [1]
« previous next »
  3. NCP Final reminder to Keeper - Cambridge Train Station PCN