Multiple PCN from NCP - Appeal rejected

[Mascalls]

Hello I'm looking for some guidance and next steps regarding multiple PCNs i have received please.

I regularly park at a train station car park, paying for a weekly ticket. I neglected to pay one week in error and didn't notice until there was no receipt for me to claim my expenses.

The carpark uses ANPR Cameras and i usually pay via their APP.

To date I have received 3 of the 5 expected tickets in the post, oddly only Wednesday, Thursday and Friday. Each for £100, reduced to £60 if i pay within 14 days.

As it stands i'm going to probably receive 5 tickets for this error. Can i argue that i can prove i regularly pay for a weekly ticket and the fine should be limited to one PCN?

I've done a bit of reading on other threads. All three of these tickets issued to-date have been delivered outside of the 14 day period stipulated in the POFA 9.4b. Only by a couple of days, but regardless over 14 days.

I wrote to NCP Appealing their tickets, using the standard text found on another thread. (below) One appeal for each PCN.

Dear Sirs,

I have received your Notice to Keeper No. xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


I have received a stock reply for NCP.

We have reviewed your case and considered the comments you have made. Your appeal has also been considered in conjunction with the evidence gathered by our Automatic Number Plate Recognition cameras, which record your entry and exit times. Our records show the notice was correctly issued as payment was not made for your parking session.

You now have 14 days from the date the letter is received to pay at the discounted rate of £60. If after 14 days payment hasn't been made the charge will increase to the full rate of £100.


They haven't made comment to the fact they haven't complied with the requirements of the POFA. Apparently I can now appeal via POPLA.

My questions are:

1) Is it worth appealing via POPLA or do i just let this deadline expire and see what they send next.

2) Do i need to be able to prove the date a letter was received?


Any advice would be greatly appreciated.

[ostell]

If this is railway land then POPLA doesn't apply but if they have given you a POPLA code then by all means appeal to POPLA and throw in any other POFA fails.

What the date of the event and the date of issue? they have 2 WORKING days to assume delivery.

[Mascalls]

Hello Ostell,

I will send an appeal to POPLA.

1st PCN Incident 28th Oct, PCN Received 14th Nov

2nd PCN Incident 29th Oct, PCN Received 14th Nov

3rd PCN Incident 30th Oct, PCN Received 22nd Nov


If i'm reading the POFA clause 9.4(b) correct, the PCN needs to be delivered to the address within the 14 day period. They use UK Mail which on a good day is 3-5 working days delivery time. At present we are receiving a slow service from Royal Mail due to lack of postal staff.

[ostell]

What the date of issue on the PCN?

Look for other POFA fails

[Mascalls]

1st issued on the 6th Oct
2nd issued on the 6th Oct
3rd issued on the13th Oct

I've looked for other fails, but can't see an obvious ones.

The only thing i can see is 7.2.c - The PCN doesn't reference the actual parking charge which was unpaid, only a the fine of £100, reduced to £60. Not sure if i'm interpreting this clause wrong.

[Mascalls]

The more I read this and think about it. Am I misinterpreting the 14 day period element of the POFA?

I was thinking that they had to have it with me within 14 days, regardless of when it was sent by them. But is it more like, they have to have sent it within a time period that I could receive it by the 14th day, as it is presumed delivered 2 days after it was sent, unless I can prove otherwise.

I can't prove the date I received my post as they didn't send it tracked.

[ostell]

Often the parking companies think that sending in 14 days is required. They have to show they sent it in time. A date on a letter means nothing and as they don't use royal mail then there is no postmark.

Post up a redacted PCN so that others can check for POFA compliance.