NCP Parking Charge - Incorrect and Reply gives little more

[Ssssssssss]

Hi all,

My father recently received an NCP Parking charge notice as the keeper of the vehicle. After looking at it and looking at a number of threads on this website, i raised a very basic appeal regarding not conforming to the Protection of Freedoms Act etc. There was an awful lot more i could have said but I didn't want to say too much at this stage as I thought I might as well go to town with the POPLA appeal later on.

Anyway, I include their initial letter, my appeal to them and their appeal response which i received today. The response seems to be a bog standard template and doesn't address anything i have told them they have done wrong. It also maintains they can come after my dad if he doesn't provide proof of who the driver was...guilty until proven innocent so to speak. I think this is not right on their part but i don't know. I would appreciate any help anyone can give. Also, could someone check whether i am right about the dates of issue etc - i was pretty sure about it but they have sowed the seeds of doubt in my head now.

I include all correspondence below redacted (please let me know if I've inadvertently not redacted everything)

Thanks in advance

[ostell]

So you appeal to POPLA with the 3 fails. I would suggest that you expand the outside relevant period to explain that the date of sending was a Friday and assumed delivery was Tuesday 6th. Treat POPLA like 5 year olds that need everything explaing.

[Ssssssssss]

So you appeal to POPLA with the 3 fails. I would suggest that you expand the outside relevant period to explain that the date of sending was a Friday and assumed delivery was Tuesday 6th. Treat POPLA like 5 year olds that need everything explaing.

Thanks ostell OK I will. Are they right to say they can still go after my dad though ?

Should I also add more about Grace periods ? I note that the passenger in the car has a disability badge and she tried to pay but was unable to get a ticket out of the first machine (she is elderly), then had to walk to the second one which was out of order. Then tried to find a third and didn't know which way to go. And so went back to the car and left with driver. Should i mention any of this ? They were there for approx 25 minutes but due to mobility I don't think this is long for everything she tried to do.

[ostell]

They can only go after your dad if they comply fully with POFA, which they haven't . They are being a little frugal with the truth

[Ssssssssss]

They can only go after your dad if they comply fully with POFA, which they haven't . They are being a little frugal with the truth

FYI, just an update.

NCP continued to reject our appeal with a bog standard letter they probably send to everyone so we took it to popla. Popla had a period of not doing assessments (because of Covid) so they only got round to assessing it this week. Anyway, they didn't look past any other arguments we had and the first thing they assessed was whether it was POFA compliant. As it was not, our appeal was successful and they didn't even bother looking at anything else.

Quite fortuitous that NCP sent their letter on a Friday as it meant that the delivery date was the following tuesday (2 working days) and so they were one day too late sending it !!!

Anyway, just updating in case anyone else is in same situation.