Hi all,

I travelled to London on 12/02, returning on the 13/02.

I have TWO parking charge notices on my windscreen, one for each day - for not parking within a bay.

When I arrived at the carpark, there were no spaces available and several vehicles were parked in places that were not marked as bays, but in areas that did not cause any obstruction to the carpark in the slightest.

If it was one fine I would probably suck it up and pay it, but the attendant could clearly see I paid for two days parking (obviously not returning to the car in the meantime) and has ticketed me on both days. now my blood is boiling.

The tickets are £85 each (£50 if paid in 14 days) and quite frankly, I can't afford to pay them.

Any advice you can give me would be fantastic, thanks in advance for your help.

1 The date of infringement? 12/02 and 13/02

2 Have you yet appealed to the parking company yet? No

have you received a Notice To Keeper? (NTK) Not yet as only received fines this week

what date is on it

Did the NTK provide photographic evidence? On the online appeals section, there is photo evidence (note I haven't appealed or put any info in, just checked to see if there were any photos)

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) N/A

5 Who is the parking company? NCP

6. where exactly [Carpark name and town] did you park? Newport Train Station, Long Stay - South Wales

Hello and welcome to CAG. The guys should be along later to advise, please bear with us.

I don't think we'll be encouraging you to pay. Byelaw cases are slightly different but this isn't the railway people chasing you which doesn't make things look good for NCP.

Best, HB

not a lot they can really do as HB says

its controlled by the railway byelaws, with if the RAILWAY COMPANY wanted to do anything it would be in the magistrates court and the 'fine' would goto the gov't not NCP nor the railway Co.

also just to be clear, NCP have not issue you with 2 fines, they are speculative invoices.

NOT fines.

await the NTK for each ticket which should arrive between 29 - 56 days no earlier or later.

DO NOT APPEAL as at the moment all they have done is given you 2 notices to driver and one of those is faulty as it has to be a separate event.

They have to wait until 28 days has passed and then they can issue a notice to driver and that has to spell out certain information in a tightly prescribed manner or they fail to create a keeper liability or any liability at all if they get it very wrong ( they do).

Now in your case the matter is more complicated as the car park is probably on railway land so they cant rely on the POFA to obtain your keeper details and railway byelaw 14 is the determining legislation here not some dubious contract that you may or may not have breached.

Now byelaw 14 allows the railway company to enforce IF the vehicle has been left so as to cause a hindrance or obstruction and parking in a place outside the marked bays doesnt mean that a hindrance or obstruction has been caused. If it had they have the powers to tow you but the parking co has no rights or say in this at all.

So we need to know what the sigange says and what the tickets slapped on your vehicle claim you have done wrong.

As said the parking co dont get to have a say in this but they will try and persuade you that you owe them money so dont be tempted to respond to them in anytime soon, wait until at least after the NTK's arrive and in the meanwhile get the info about the signs and the wording on their ticket and we can see if they are damned by their own words

to scan up the tickets to PDF only please

read upload

Hey folks, received the first NTK today.

Have attached a copy of it. Not sure what I need to do now, expecting another one in the post for the second notice.

Name showing..removed

Pdf only please not jpg

read upload

NTK - Number 1

Parking Charge - Newport Station - 12:02:2019.pdf

NTK - Number 2. Sorry for the delay folks, had a lot of stuff going on recently. Appreciate your patience massively!

Parking Charge - Newport Train Station - 13:02:19.pdf

I'm not sure if this helps also, but I have the parking sign and also the sign that shows what I breached.

Newport Train Station T&Cs Full-compressed.pdf

they say they are the lawful occupier of the land. That could be true but they are not the creditor according to the NTK so no-one has to pay them anything. tyhey also say they may be acting as a agent of the occupier and that means they have no rights at all  as far as processing your personal data except in very restricted circumstances and it has yet to be tested as to whether those situations apply here.

As for signage, big writing is the contract, if the other bits meant anytjing the letters would be of equal size. look at unfair contracts legislation.

Furhtermore, they dont ndicate which ATA they belong to (BPA or IPC) and fail to mention how to appeal the charge. This means that another breach of the POFA that kills their right to seek to create any liability for the debt.  Entities that are not members of the IPC or BPA arent alloed access to your keepr detaisl via the DVLA  KADOE system so you shuld ask of the DVLA who has accessed your keeper detaisl, when and what was the reason given. this could give you grounds to sue them for breach of the GDPR or at least start a complaint with the ICO about this breach ( and the DVLA for letting them have your info)

The really important thing is that this isnt " relevant land" as far as the POFA goes so what should happen is that byelaw 14 is applied and they drop the matter and pass it over to the railway operator to take up as a criminal matter. This will never happen.

I would ignore them knowing that it is unliely they will do anything that will cause them to attract the attention of a judge/the ICO. Espect further demands/threats in a little over a month but all you need to do is fiel them safely and let us know what you have received and fro whom.

NCP usually just go away after a while but if they do actually threaten a court claim you have plenty to say  to defeat them

Hi all,

Received two of these letters today from a Debt Recovery Agency. Wonder if you could advise on what to do next?

Many Thanks for all your help.

Parking Charge - Debt Letter.pdf

not been reading up on what to do when you get letters from powerless DCA's on speculative invoices then in the last 8 weeks?

I've been reading up on what I assumed I needed to know, I've never had a parking ticket before - I assumed I wouldn't respond and the likelihood of NCP pursuing Court Proceedings would be slim, guess I'm just a bit frightened by it all.

Ignore begging lettersfrom DCA, never ignore a letter Before Action though.

there are over a million posts on DCA's in the debt section and they all say the same- ignore them.

We got to know what to do because we have been in the same situation and then taken the trouble to learn as much as possible about the procedures.

When someone mentions the POFA the first thing you should do is read the legislation and recognise the different parts that must be followed to allow the parking co to claim a bean.

They generaly are too thick or lazy to bother and just rely on threats and misdirection to get money out of the hapless motorists.

Dont be a victim, research and learn to fight back. reading a small amount and then assuming thatyou can then sit back is not the way to win, you need to follow the motto of the Royal Signals Corps, "forewarned is forearmed"