Tweet
I received a PCN in an NCP car park in Jul-17. I have a car parking permit paid through my employment (in advance) allowing me to park in their. However on that particular day, the permit fell from my window to the floor and I ended up getting a PCN saying I could pay £50 within 14 days or £100 after this. I went through the NCP appeal procedure on their website stating that I had a permit and if they check their records they should cancel the PCN. However, they rejected this due to the fact my permit was not clearly displayed. I subsequently appealed through POPLA and again they rejected my appeal ONLY on the fact that it wasn't clearly displayed which breaks the terms & conditions. POPLA didn't take into account my other arguments as follows:
1) NCP parking event states: "Parked without clearly displaying the required valid pay & display ticket and no other cashless parking payments detected". Well in fact my car park permit is indeed a cashless parking payment so this should have been detected. After speaking to the car park attendant apparently the hardware is out there to use but NCP do not give their staff this!
2) I had paid for my parking space (in advance) through my employment so they have not lost out on any money.
3) Their photographic evidence shows a car with no permit in the windscreen in one picture and then a picture of my car's number plate in a separate picture. There is no photographic evidence of my car showing the number plate and windscreen in any same picture. I don't believe this is conclusive enough evidence as it could be any car in the car park!
4) The signs they refer to dotted around the car park stating the terms & conditions are places I do not pass on foot - at the entrance, exit and rather stupidly at the tops of ramps where I would have to stop my car, get out and read them - which if I did this I would be causing an obstruction to other vehicles trying to pass.
5) The car park attendant I spoke to actually said "if I knew it was your car I wouldn't have issued the PCN"
6) The car park claims to be a PAY & DISPLAY, but you can pay for parking using your mobile phone and DO NOT have to display a ticket. This is another form of cashless parking, the same as my parking permit!!
7) A colleague I work with was also issued with a PCN for forgetting to display her permit, but she appealed through NCP's appeal process and they accepted her appeal!!
I mentioned all of this to POPLA but as it was after my original appeal to them they did not take any of this into account and rejected my appeal purely on the fact that my permit wasn't clearly displayed. Once they have made a decision they do not change it!
But the biggy - I also forget to display my permit in my windscreen last month (Nov-17) and was issued with another PCN. I appealed that through the NCP appeals process and used all of my arguments above and they ACCEPTED my appeal!!! How is it any different to my previous PCN????
Anyway with regard to the original PCN (issued in July) NCP passed it onto ZZPS who then wrote me a couple of letters demanding payment - the amount had now increased to £160 due to admin costs etc. I contacted them & said I wasn't paying and wrote a letter to NCP with my arguments. NCP replied and said it is now out of their hands (?!) as they've passed the matter on!!
Have now received a letter from QDR solicitors threatening CCJs and bailiffs and I need to make a payment within 14 days of the date of their letter. The letter was dated 4/12/17 but I only received it on Saturday morning (16/12/17) - 12 days already passed!!! The outstanding amount has now risen to £196 !!
Any help or advice on where to go from here would be appreciated please as I can see the next step being a letter before court action!!
1) NCP parking event states: "Parked without clearly displaying the required valid pay & display ticket and no other cashless parking payments detected". Well in fact my car park permit is indeed a cashless parking payment so this should have been detected. After speaking to the car park attendant apparently the hardware is out there to use but NCP do not give their staff this!
2) I had paid for my parking space (in advance) through my employment so they have not lost out on any money.
3) Their photographic evidence shows a car with no permit in the windscreen in one picture and then a picture of my car's number plate in a separate picture. There is no photographic evidence of my car showing the number plate and windscreen in any same picture. I don't believe this is conclusive enough evidence as it could be any car in the car park!
4) The signs they refer to dotted around the car park stating the terms & conditions are places I do not pass on foot - at the entrance, exit and rather stupidly at the tops of ramps where I would have to stop my car, get out and read them - which if I did this I would be causing an obstruction to other vehicles trying to pass.
5) The car park attendant I spoke to actually said "if I knew it was your car I wouldn't have issued the PCN"
6) The car park claims to be a PAY & DISPLAY, but you can pay for parking using your mobile phone and DO NOT have to display a ticket. This is another form of cashless parking, the same as my parking permit!!
7) A colleague I work with was also issued with a PCN for forgetting to display her permit, but she appealed through NCP's appeal process and they accepted her appeal!!
I mentioned all of this to POPLA but as it was after my original appeal to them they did not take any of this into account and rejected my appeal purely on the fact that my permit wasn't clearly displayed. Once they have made a decision they do not change it!
But the biggy - I also forget to display my permit in my windscreen last month (Nov-17) and was issued with another PCN. I appealed that through the NCP appeals process and used all of my arguments above and they ACCEPTED my appeal!!! How is it any different to my previous PCN????
Anyway with regard to the original PCN (issued in July) NCP passed it onto ZZPS who then wrote me a couple of letters demanding payment - the amount had now increased to £160 due to admin costs etc. I contacted them & said I wasn't paying and wrote a letter to NCP with my arguments. NCP replied and said it is now out of their hands (?!) as they've passed the matter on!!
Have now received a letter from QDR solicitors threatening CCJs and bailiffs and I need to make a payment within 14 days of the date of their letter. The letter was dated 4/12/17 but I only received it on Saturday morning (16/12/17) - 12 days already passed!!! The outstanding amount has now risen to £196 !!
Any help or advice on where to go from here would be appreciated please as I can see the next step being a letter before court action!!
Comment