NCP and Railway Car Park

[broke ford driver]

Thank you for your comments this is an interesting/fascinating/worrying site and clearly something needs to be done to regulate the whole parking ticket issue.

 

Incidentally, I had paid my day's parking (as I always do) and left the ticket in full view on the dashboard. It seems that when the door was clsed it generated a draught which flipped the ticket upside down!!

 

 

You said you would need to see the notice :- here it is.

 

Does this help?

 

(FRONT)

 

APCOA

• The World Of Parking

CIVIL PENALTY NOTICE

 

Notice Number: AP00662007 Date of Issue: 20/05/2009 Time of Issue: 10: 53

Time First Seen: 10:52

The Vehicle Registration: XXXXXXX

Make: Ford Colour: Silver

Was seen at location: Stroud Station Car Park

On (Date): 20/0512009

Time First Seen: 10: 52

By Parking Attendant: 028 Signature/Initials:~

Who had reasonable cause to believe that the following parking contravention had occurred:

01 - No valid payment

_YOU ARE THEREFORE REQUIRED TO PAY A PENALTY CHARGE OF £80.00 WITHIN 28 DAYS BEGINNING WITH THE DATE OF THE NOTICE. (SEE 'IMPORTANT NOTE' ON THE REVERSE OF THIS NOTICE FOR ACTION THAT MAY BE TAKEN IF NO PAYMENT IS RECEIVED.)

A DISCOUNTED PENALTY CHRRGE OF £50 WILL BE ACCEPTED IN SETTLEMENT OF THE PENALTY CHARGE IF PAYMENT IS MADE WITHIN 14 DAYS BEGINNING WITH THE DATE OF THE NOTICE

Payment Slip

 

 

Notice Number: AP00662007

Registration: XXXXXXXX

Date of Notice: 20/05/2009

Time of Notice: 10:53

PA: 028

Make:~ Colour: Ford Silver

At Location: Stroud Station Car Park 1

On (Date): 20/05/2009

Time First Seen: 10:52

Offence Code: 01

 

 

(BACK)

 

SHOULD PAYMENT NOT BE RECEIVED WITHIN THE SPECIFIED _ TIMES, A SUMMONS WILL BE ISSUED IN THE COUNTY COURT WHERE JUDGEMENT WILL BE SOUGHT FOR DEBT TO INCLUDE ANY AND ALL COSTS INCURRED IN RECOVERY

Instructions for Payment

1. by Telephone - 0845 260 3300 _

Debit and Credit Card payment may be made by telephone on the above number. Lines are open 24 hours, please ensure you have all your details ready including the Notice Number.

2. by Web http://www.payapcoa.co.uk

3. by Post using Debit I Credit Card please complete the payment slip below.

4. by Post

payment should be made by crossed cheque or postal order made payable to APCOA Parking (UK) Ltd. Please write the Notice Number together with your name and address on the reverse of the cheque I postal order.

NB if payment is to be made by post, please allow for postal delays.

Enquiries concerning this Notice should be made in writing within 7 Days to:

Penalty~ Notice Dept. PO Box 271, Bolton BL 1 9DR, quoting the Notice Number and the vehicle's registration number, location (e.g. carpark name) and offence code as printed on the front of this notice.

Payment Slip

 

Please complete details below before returning this slip with your payment.

Name: Mr/MrslMiss

Address:

 

Post Code

Daytime Tel No:

Only complete the details below ~ you are making payment by MASTERCARD,

VISA, SWITCH or DELTA CARD.

Please debit my Visa/MasterCardlSwitchlDelta Card (Delete as appropriate)

Amount £ ..................... Card Issue Number.

Card Number:1 I I I I I I I I I I I I I [] I I I I

Security Coded I I I I last 4 digits on signature strip

Card Valid from Date: ___ , ___ Card Expiry Date: ___ , ___

Name of Cardholder: Signature:

A receipt will not be issued unless a stamped addressed envelope is supplied

Do not send cash through the post

If you require a receipt please send a SAE

Payment should be sent with slip to

Penalty Notice Dept. PO Box 271, Bolton BL 1 9DR

[crem]

I would say that ticket is in conflict with itself regarding what it says on the front and back. i.e. the front refers to a "Civil Penalty Notice" with penalty mentioned several other times. The back, however, indicates they will pursue the matter to county court rather than to a magistrates court. This would indicate it is a PPC invoice which would need to be pursued as a invoice debt.

 

If that is correct then you should simply ignore it.

[RichardM]

Agreed Crem. No doubt about the APCOA ticket. That one can be tretaed as a straightforward PPC ticket, and totally ignored. No attempt to try and hide behind the byelaws in this instance.

[broke ford driver]

Many Thanks guys. Your assistance is greatly appreciated even if not publicly recognised

[lamma]

You are welcome. I think the PPCs recognise our contribution :)

[crem]

you know they do lamma. that's why they are always trying to join in with us like Dominic

[5printst]

I thought it fair to keep you guys up to date after all the great advice you gave me, and it will hopefully help others who come here looking for info.

 

I originally started this thread about a "Parking Contravention Charge Notice" I received from NCP at my local railway station on May 21st, ....I chose to ignore it based on the advice I was given on this site.

 

So far it has been 26 days and I haven't heard anything at all from NCP, after 28 days apparently the "fine" will rise from £25 to £50. I will post again next week and keep the forum updated.

 

Thanks to all.

[Grob]

Hi,

I am afraid that I somewhat caved in and did write a very brief letter of appeal to them stating the point that was confirmed back to me about the lack of signage in the area re the fine. I did not put my name or address or anything like that on it - only what was on the piece of toilet paper provided.

( Yes - before you all get mad at me - I know I am silly, but I was a bit scared not to do anything at all!)

Anyway, like you, I have not heard anything as yet - I think Thursday is the 28th day!

Let's see what happens if anything - I will need your support...! :grin:

[5printst]

As the original poster (OP) I would like to keep you all up to date..... hopefully for the sake of everyone else who comes on here looking for help.

 

I received my first communication from NCP dated 25/6/09 ...

It basically repeats the original allegations, ie "parked in a permit bay without clearly displaying a valid permit"

 

It gives me 2 options... A. Pay in full ( now £50 !!)

or B. make representations ( option 1 ..I am not the owner, option 2 I am a hire firm and the hirer signed a formal agreement accepting liability etc... option 3 I wish to challenge this Charge Notice)

 

The bottom part/tear off has all the usual payment options, BUTthe scary part is a box in the middle which reads in BOLD CAPITAL LETTERS...

 

"YOU HAVE A FURTHER 28 DAYS TO PAY THE OUTSTANDING CHARGE. FAILURE TO PAY MAY RESULT IN NATIONAL CAR PARKS LIMITED INSTRUCTING A DEBT COLLECTION AGENCY TO COLLECT ANY SUM DUE. THE DEBT COLLECTION AGENCY MAY COMMENCE PROCEEDINGS AGAINST YOU IN THE COUNTY COURT AND OBTAIN A COUNTY COURT JUDGEMENT AGAINST YOU. THIS MAY AFFECT YOUR ABILITY TO BORROW MONEY OR OBTAIN CREDIT. A WARRANT MAY THEN BE ISSUED TO COUNTY COURT APPOINTED BAILIFFS TO RECOVER PAYMENT. YOU WILL ALSO BECOME LIABLE FOR THE ADDITIONAL FEES OF THE DEBT COLLECTION AGENCY, THE COUNTY COURT AND THE BAILIFF."

 

This is nothing short of intimidation.... with the backing of this forum I am holding my nerve and IGNORING THEM.

 

 

PS

there is company registration info on this form as there should be, but there is no VAT number as there was on the original "ticket"

Edited July 1, 2009 by 5printst
just remembered something

[RichardM]

The so call scary part is what gives me the greatest comfort.

 

It means that once again they have blown any chance of really getting you into a proper court (magistrates) for a breach of railway byelaws.

 

No you can relax and laugh at there ever increasing pleading with nothing to worry about.

[Al27]

THE DEBT COLLECTION AGENCY MAY COMMENCE PROCEEDINGS AGAINST YOU IN THE COUNTY COURT AND OBTAIN A COUNTY COURT JUDGEMENT AGAINST YOU.

 

Naughty naughty. More than intimidation, this is completely unlawful.

 

Forward to Trading Standards.

[lamma]

agreed. besides the usual legislation in the "Problems that PPCs face thread" remind TS of S.136 of the Law of Property Act 1925.

[Grob]

Can someone explain to me why this is unlawful? I guess mine will be following shortly.... I have had no response to my "appeal"...

[patdavies]

Can someone explain to me why this is unlawful? I guess mine will be following shortly.... I have had no response to my "appeal"...

 

A DCA has no basis in law for taking an alleged debtor to Court for enforcement as they do not own the debt. Only the original creditor can commence court proceedings.

 

For either to state otherwise is a breach of consumer law

[5printst]

Latest from NCP... over 2 months since my "crime" !!

Pre Legal Notification

Reference number...blah.......

Registration number..blah....

Date of Contravention....blah

Date of this Issue...blah.

Location....blah...

Balance Due : £50.00

Should payment not be remitted to us within the next fourteen days, from the date of issue of this notice, the case will be passed on to a Debt Collection Agency who may commence enforcement proceedings via the County Court. We would ask you to consider the implications of this:

Interest will be charged on the overdue amounts; Court Fees & Solicitors Costs will also be incurred.

A County Court Judgement would be placed on public record and with all major credit Reference Agencies which would of course seriously affect your Credit Status and could result in difficulty obtaining credit in the future.

If the Court Judgement were to remain unsatisfied a Warrant of Execution would then be issued and the Court Bailiff instructed to collect the outstanding monies or goods to the value of the claim. Further court fees would also be incurred at this stage.

In order to avoid the above course of action you must remit payment in full to us within fourteen days, from the date of issue of this notice, to the address shown overleaf. If you wish to pay by Credit or Debit Card you can call our payment line on 0845 452 7780.

etc.. etc... all erroneous capital letters are theirs.

[pin1onu]

Typical debt collectors bow locks.

 

Lots of Ifs in it.

 

If we take it to court (not very likely) and If we win then you have to pay some interest and our costs.

 

If we win and If you don't pay up then bailiffs may get involved, and your credit rating will be affected

 

What they fail to mention is that a DCA cannot start court proceedings against you. Only their client can do that.

 

Another If scenario for you:

 

If you go to court you will win your case and owe them nothing.

 

However the most likely scenario is:

 

If you continue to ignore they will give up and move on.

[lamma]

usual stuff. sad really.

[Grob]

what are you going to do??!

[5printst]

Just take the advice from here ....and carry on ignoring them.

[whitecloud]

I have just found this thread and also got a ppcn at ely station parking in the same spot as 5printst on 23/6/2009. I received their first communication as the 28 days have expired - it is exactly the same as yours - and on reading it, it is very intimidating. The comments here have given me confidence to hold out. I will follow your updates 5printst.

[5printst]

OK ready ?........incoming:eek:

 

I've now received a letter from a debt collection agency called Roxburghe Debt Collectors, on behalf of their client NCP. Without going into too much depth and sending everyone to sleep. basically it lists lots of various payment methods on the front and the back, and it has a VAT number on the bottom.

The letter part itself says they have instructed by their client to recover the outstanding PARKING CONTRAVENTION CHARGE NOTICE then it goes on to repeat the details from all the NCP paperwork.

 

BUT guys... it now includes late payment charges and has risen from £50 (remember original requirement was for £25) to £90.

 

It goes on....in the absence of payment or any valid dispute we will pursue this matter- with or without your cooperation. If we do not hear from you within 7 days we will pass the matter to our Solicitors, Graham White, who will review your case for potential legal action.

 

Yours Sincerely (LOL:lol:)

Jonathan Stock

 

PS it's well past 7 days since I got this.

 

I'm still sticking with you guys and your advice, ...

are we still ok here ? still on track ? still a load of b@ll@©s ?

[lamma]

we have seen this many many times.

[Al27]

Expect 2 letters from Graham White now. Then they will give up.

[5printst]

Thankyou Chaps (esses) ...........

 

Keeping the faith !

[Andy77799]

Any more news on this?

 

Did you get the 2 letters as promised?