Hi,
I’m not sure how unusual a situation this is, but would appreciate some advice please.
1. The car was correctly parked, mid-morning, within a standard bay, and parking was correctly paid for and receipted.
2. On returning to the car at the end of the day (within time), barriers had been erected around the car.
3. I removed the barriers calmly and safely and drove away.
4. Two weeks later I receive a PCN stating (see attached pic).
5. I complained to NCP stating that, at the time of parking, there were no barriers in place in the bay that the vehicle parked in. The barriers were actually in the bay next to the one that was used and no signage to indicate that it was not to be used was erected nor visible. This suggests that NCP has moved barriers around the vehicle to invent a breach, after the event, when none actually occurred.
6. I have dashcam footage to support the above.
7. NCP say that I can’t complaint but have to appeal to them.
8. I appeal to them, and it is rejected.
9. I appeal to POPLA and provide all evidence, including dashcam footage.
10. NCP do not upload any evidence to POPLA, however I get an email from POPLA stating:
“
The operator has contacted us and told us that they have withdrawn your appeal.
If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.
If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.”
I know that I should be glad that I no longer need to involve myself in the PCN aspect, however I’m annoyed that NCP seem to have made up this breach and I could have just paid up, with no consequences to them at all.
I’ve asked them why they withdrew the appeal, why they’ve not provided any evidence and for a full explanation for the withdrawal, but wanted to know what others thought and if anyone has experienced similar.
As, at least to date, they’ve not provided any legitimate reason for the alleged breach (that IMO they created), I’m thinking that they didn’t have a lawful basis to obtain driver details from the DVLA either.
Thanks
PCN Wording