Author Topic: Parking charge notice to keeper  (Read 33 times)

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toon147

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Parking charge notice to keeper
« on: May 21, 2024, 08:50:15 am »
Hi all,

I have received this notice to keeper from NCP alleging that the driver did not pay for parking.
The driver did pay for the parking at the correct amount so am baffled as to why I am receiving this.

Unfortunately the driver did not keep the ticket as the vans get cleared out regularly.

This is the only letter weíve received regarding this but I figured itís worth posting this to get knowledge from people that know far more about this stuff than I do. Should I reply?

Thank you for your help!

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DWMB2

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Re: Parking charge notice to keeper
« Reply #1 on: May 21, 2024, 09:01:25 am »
That notice says it was issued in January... When was it delivered? Have you taken any action so far?

toon147

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Re: Parking charge notice to keeper
« Reply #2 on: May 21, 2024, 09:05:34 am »
This was delivered back in February.
Iíve not taken any action so far.

DWMB2

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Re: Parking charge notice to keeper
« Reply #3 on: May 21, 2024, 09:15:47 am »
It's a shame you have taken so long to take action - what's done is done, but for future reference quick action is wise. This would have been a relatively straightforward appeal, but as you have missed NCP's arbitrary appeal deadline, they'll no longer accept any appeals, and you'll essentially have to wait and see if they decide to sue you in civil court.

They appear to have sent you the notice too late to hold you liable as the registered keeper under Schedule 4 of the Protection of Freedoms Act (there's a link to it in my signature at the bottom). Although you've missed their appeal deadline there may be merit in writing to them to point this out. We can help with drafting this. (I note that they don't mention the Protection of Freedoms Act, but do claim that they will have the right to recover the charge from 'you' - part of me wonders if playing dumb here and asking on what basis they will do this will work here, to see if they'll make a rod for their own backs)

In the meantime, how does payment work at the car park in question? Do drivers enter their reg, for example?

toon147

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Re: Parking charge notice to keeper
« Reply #4 on: May 21, 2024, 09:35:54 am »
Thank you for your reply. I should definitely have acted sooner. In truth I totally forgot about it as Iíve had so much going on and then had a panic last night when I was reminded about it!

The car park was one of the enter reg, pay and display ones. The driver was returning from a long journey and parked there for just over an hour to get food and stretch their legs. They paid for 2 hours parking. We have the bank payment to demonstrate the payment but I donít suppose that counts for much. Maybe they can track the date/time that payment was made for proof? Donít suppose itís within their interest to do that though

b789

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Re: Parking charge notice to keeper
« Reply #5 on: May 21, 2024, 10:22:07 am »
OP, you have to understand why @DWMB2 mentioned PoFA. PoFA was introduced because unregulated private parking companies donít know the drivers identity. The driver is always the person liable for a parking charge if the terms have allegedly been breached.

Because they donít know the identity of the driver, as long as they comply with the strict requirements of PoFA, they can transfer that driver liability to the keeper. They get the keeper details from the DVLA.

In the NtK you have shown us, NCP have not fully complied with the strict requirements of PoFA and so, cannot hold you liable as the keeper. The driver is still liable but they have no idea who that isÖ unless you tell them. You are under no legal obligation to tell an unregulated private parking company the identity of the driver.

Had you appealed at the time, saying ďI am the keeper and I am under no obligation identify the driver and I will not be doing so. Your NtK does not comply with the strict requirements of PoFA 2012 and so you cannot hold me liable for the charge. I suggest you save us both a waste of time and either cancel the PCN or issue me with a POPLA code where we both know you will lose or withdraw.Ē

Whilst it is too late appeal because of your delay, as already suggested, a complaint (not an appeal)to them along the lines of the wording above, letting them know that you are not low-hanging fruit on the gullible tree and that they should stop wasting everybodyís time and just cancel the PCN, may have the desired effect. Their response will be interesting.

If they donít cancel, then youíll just have to weather the inevitable storm of final reminders and useless debt collector letters. If/when they decide to try and claim through the courts (doubtful) then come back and you will easily see them off with a robust defence that will be provided.

DWMB2

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Re: Parking charge notice to keeper
« Reply #6 on: May 21, 2024, 10:32:52 am »
Do show us a draft before sending anything, to avoid inadvertently shooting yourself in the foot.