NCP & Debt Recovery Demand

[BTCA]

I have received a demand from a debt recovery company acting on behalf of National Car Parks Ltd for non payment of a PCN for £100.00p, putting the amount owed up to £160.00p.

The date of the above PCN incident was on the 21/10/2020 and I did not receive the PCN in the post until the 02/12/2020 making past the two weeks NCP had to inform me of the incident. Therefore I lost my right to appeal the PCN.

In October I received 4 PCNs from NCP two of which I am guilty of and two I am not guilty of, including the incident on the 21/10/2020. I have paid 3 PCNs costing me in total 180.00p.

I tried to contact NCP through their message service on their website as they do not accept post, asking them to reasonable since I had paid 3 PCNs the only reply I got was a letter from the debt recovery
company.

I am minded not to pay the debt, but I am asking for guidance on the Legal Beagles Forum.

Do I not pay it because it is null in void due to it not being received within two weeks.

Contact a solicitor to act on behalf, rather than pay NCP.

Go to court and possibly pay more if I loose.

Or just pay it, grudgingly.

I cannot help but wonder about NCP, is there some creative accounting going on because car park use must be down due to covid-19 and the fourth PCN is dated one day before the first PCN.

I would much appreciate some help with matter on the best thing to do.

[ostell]

So what are the dates on the PCN? It would help to see redacted copies but leave dates. Put the pictures on a hosting site such as imgur and put the links on here

[BTCA]

So what are the dates on the PCN? It would help to see redacted copies but leave dates. Put the pictures on a hosting site such as imgur and put the links on here

Hi Ostell,

Thank you posting a reply.

Below are the dates on the most recent PCN, having paid the previous 3 I am only interested in not paying this one because I thought the 2 week rule was a requirement by law to protect the consumer. But I have no way of proving this was the only letter I received NCP Ltd.

The law is weighted to heavily in favour of NCP & the debt collectors and the appeals process is done though a industry body with no independence it seems to me.

Date of Incident 21/10/2020

Date of sending this notice 27/11/2020

The cost £100.00p

Pay by date 11/12/2020


Regards BTCA.

[ostell]

If there was no windscreen ticket the they have to send the keeper the Notice to Keeper so that it is received within 14 days to be able to transfer liability from the unknown driver to the keeper..

The law is Schedule 4 of the Protection of Freedoms Act 2012: https://www.legislation.gov.uk/ukpga...dule/4/enacted

Edit your post so that the identity of the driver cannot be inferred.

NCP are in the BPA and hence 2nd appeals are through POPLA which does uphold correct appeals quite often, unlike the othe lot the IAS who are the same solicitors that run the IPC.

Why have you lost the right to appeal? You normally have 28 days from the date of sending of the letter

Your appeal should have been, at the very least:

Dear Sirs,

I have just received your Notice to Keeper 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

[BTCA]

Hi Ostell,

thank you for taking the time and effort to reply to my posts and using your knowledge to help through Legal Beagles.

Although your last post left me confused and upset by not being able to do anything.

I was on the NCP car park for less than ten minutes as I was driving round to pick up my son from his work place where there is no place to park in the town centre to stop and park whilst waiting for him. Entering and driving out of the car park two times near my sons work place to kill time with no intention of parking, being unware of the cameras used to manage parking.

To be charged £340.00p for less than 10 minutes is an expensive lesson to learn on payment on entry and the cameras used the manage parking.

I believed I had 28 days from the the 27/11/2020 and not the date of the incident I did not know about or was not guilty of, also the PCN should not have been sent because the two weeks had passed they had to inform me. But the camera never lies if it went to court. POPLA are virtually closed at the moment for appeals due to covid.

I will pay this PCN and hope I do not receive any more fictitious PCN's.

Thank you again for offering some clarity on my situation, in a mine field.

Regards BTCA.

[ostell]

So you appeal to them using the letter I set out in post #4

What don't you understand about it?

Post up a redacted copy of the PCN but leave dates