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Parking fine

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  • Parking fine

    Just wondering if anyone can please advise?

    Some months ago, We parked our car in a station car park at 6.30am and attempted to pay the £3 parking cost for the day. The money was continuously thrown out of the machine . On this particular morning we had had very heavy snow fall overnight and all signage was frozen over and covered in snow. As the train was approaching , we left a clear notice in the windscreen explaining the predicament , explanation of how much we had attempted to pay and lack of clear signage a nd also a phone number to call us to discuss the situation further and for us to pay. We also took a photograph of the notice we Had displayed in the windscreen. Returning to our car later that evening we had received a penalty notice for £65. We have disputed it giving reasons as above on the company website but our dispute has been declined with the explanation that we had a responsibility to pay if we wished to park. We later discovered that since we last parked the parking fee had been increased to £3.10. Therefore the machine was not fauty but we were attempting to pay 10 p less. Had the parking fees not been frozen still and been clearly displayed that morning , obviously we have been more than happy to pay the correct fees. We offered NCP photographs of the conditions at the time and details of witnesses which they have declined.

    Our question really is where do we go from here? We have responded this evening appealing again , but is there another avenue we shoud be following ? Any suggestions and advice greatly appreciated.

    Thankyou
    Tags: None

  • #2
    Re: Parking fine

    Have you received a Penalty Charge Notice or a Parking Charge Notice? Although both look official, there is a very big difference.

    Comment


    • #3
      Re: Parking fine

      Hi JammyDodger41,

      There appears to be 2 possible ways they can take this; the Private Parking Company route, or the Byelaw 14 route.
      A pretty comprehensive discussion can be found here http://www.pepipoo.com/forums/lofive.../t61659-0.html

      See attached Railway Byelaws
      Last edited by charitynjw; 13th March 2012, 00:58:AM.
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      Comment


      • #4
        Re: Parking fine

        That is a good link. If it is a Parking Charge Notice from a private company, the common opinion is you should totally ignore everything. They will send increasingly nasty, official looking letters. Ignore everything 100%, simply file them and Di not respond.

        They try to suggest breach of a contract entered into when you parked there, but a contract cannot be imposed on you, especially if the terms of it are covered in snow and it has just changed due to a price rise.

        Just check it is not a Penalty Charge Notice as this should definitely NOT be ignored, and there is a clear way forward for you.

        Comment


        • #5
          Re: Parking fine

          Thankyou for your replies.

          It is a PArking Contravention Charge Notice from NCP Car PArks. It says "Notice of Breach of Terms and Conditions of parking at a car park owned or managed by NAtional Car Parks Lrd". It states a Contravention Code of number 2 - Parked in a pay and display car park without clearly displaying a vlid pay and display ticket.

          Is this any help ? Thankyou .

          Comment


          • #6
            Re: Parking fine

            Good news is it's a private parking company. They rely, as I said, on the breach of contract.

            I'm not sure how NCP are as they are a massive company, though I'll try to find out, but with the signs covered up with snow and ice, how exactly were you to know what unlawful contract they were imposing on you (they cannot impose a contract).

            See what others say, but I'd be inclined to totally ignore everything. Don't write, don't phone, don't do anything. If things appear to look more serious, post up again - that's my gut reaction. Treat them like every other private company.

            Comment


            • #7
              Re: Parking fine

              So if it was a PCN from a Public Company then we shoudlnt ignore it, but if its PRivate then we should ? Is that correct ?! We did actually respond to their email late last night asking them again to reconsider, so we will need to wait to see what their response is from that . I cant imagine though that they will change their minds. I will keep you updated. Thankyou for your advice.

              Comment


              • #8
                Re: Parking fine

                NCP is a company and Ive has loads of their tickets, never paid them, but I do get the threat letters saying they will sue me and send me to prison-like reminders etc.

                If your ticket is issued by an authority such as a council, you must either pay or appeal. Do not attempt to appeal a private ticket, NCP will only send you windup letters.

                Comment


                • #9
                  Re: Parking fine

                  The initials PCN are carefully chosen by private companies. The general rule is do not pay a private company for a Parking Charge Notice.

                  The public Penalty Charge Notice is an entirely different beast and should not be avoided at any cost, as you could theoretically be imprisoned for ignoring it.

                  The other significant thing is another possible detail on the ticket. If you look at it really carefully, does it state it has been issued under a rail byelaw? This could have a serious bearing on things and how they are handled.
                  Last edited by labman; 13th March 2012, 23:39:PM.

                  Comment


                  • #10
                    Re: Parking fine

                    No there is no mention of a by law.

                    It says that" the notice is issued to you for breach of the contractual terms and conditions displayed in this car park ( which were covered in snow and ice !!) which was accepted by you when entering and using the facility. National Car PArks Ltd reserves the right to apply for any legally recoverable costs in order to recover losses sustained by us in relation to this breach of contract." It also states that if payment is not received the registered keeper details will be obtained from the DVLA and they will commence collection procedures which may include legal action for the recovery sum in this notice along with all costs associated with its recovery.

                    Comment


                    • #11
                      Re: Parking fine

                      Sorry to go on about this. Did you receive 'Parking Fine Sheets' with your fine. If so, is there anything on there about railway byelaws?

                      There is a reason for me asking!

                      If it is a PCN it is against the Registered Keeper; If it is a rail byelaw it is against the driver, so the onus is on them to prove you were driving.
                      Last edited by labman; 13th March 2012, 20:43:PM.

                      Comment


                      • #12
                        Re: Parking fine

                        Nope, all we have received is the PCN notice on the windscreen of the car.

                        I'm assuming there are cameras at the station car park so I have no idea if they would / could use those to try and prove who was driving ? They might have been covered in snow as well for all we know !!!

                        Comment


                        • #13
                          Re: Parking fine

                          It's a private company, so normally the rule is ignore them. However, having read a little NCP do seem to pursue things, so this case may be a little different to normal.

                          I would suggest you go to PePiPoo: Helping the motorist to get justice where you will get some real expertise on private tickets.

                          Good luck!

                          Comment


                          • #14
                            Re: Parking fine

                            Great, I will take a look. Thankyou again .

                            Comment


                            • #15
                              Re: Parking fine

                              In addition to Labman's advice, it might be wise to speak to the British Transport Police (BTP) who are responsible for policing railway premises and ask them if any of NCP's PCNs are issued under railway bye-laws.
                              Life is a journey on which we all travel, sometimes together, but never alone.

                              Comment

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