Author Topic: NCP PCN - No Payment - Billericay Station  (Read 965 times)

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NCP PCN - No Payment - Billericay Station
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The driver parked in Billericay Station on 23rd October 2024 just before 1100hrs, and left shortly after 2100hrs. The driver left the car park forgetting to pay via the gaparking website. The PCN was issued 18th December 2024, nearing 2 months after the incident.

Car park entrance:
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Registered keeper of the vehicle is my partner.

Are there any grounds to appeal this due to the lateness in the issue of the PCN, or for any other reason?

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Re: NCP PCN - No Payment - Billericay Station
« Reply #1 on: »
Welcome to FTLA.

As the notice has been sent so late, it may be prudent to check the car's V5C document to double check that it contains the correct name and address.

If your partner is the registered keeper, any appeal should come from them. As this is a station car park, it is very likely to be railway land, making it subject to byelaws. As a result, they have no way to recover this from your partner as the registered keeper. They can appeal along the lines of 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. As Billericay Station is subject to statutory control in the form of byelaws, it is not relevant land for the purposes of Schedule 4 of the Protection of Freedoms Act ("the Act"). As such, you are unable to recover the charges from me, the registered keeper.

Even if the car park were relevant land, which is denied, you have not issued 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,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.
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Re: NCP PCN - No Payment - Billericay Station
« Reply #2 on: »
The "lateness" of the issue is irrelevant. NCP are notoriously slow in issuing PCNs, especially where PoFA does not apply.

NCP have no idea of the drivers identity. As the location is not "relevant land" for the purposes of PoFA, the Keeper (your partner) cannot be liable for the charge.

Only the unknown driver can be liable. They only way they would know the drivers identity is if the recipient of the PCN, the Keeper, tells them, inadvertently or otherwise.

As there's no legal obligation for the Keeper to identify the unknown driver to NCP, an unregulated private parking company, they should not do so. Using the appeal provided above by @DWMB2 informs them of their Catch-22 situation and they have nowhere else to go but to cancel or waste their money on a POPLA appeal where it would be upheld, as long as the unknown drivers identity is not revealed.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain