ncp PCN - Lower Audley Street, Blackburn- wrong time on PCN

[tifo]

hi. ..

 

i received a penalty notice from a private car park (retail stores) from NCP stating 'not parked within the bay area', which i was within, and also the 'first seen' time is false as i was not there at that time.

 

Shall i pay this within the 14 days? I have already sent an appeal letter stating what i said above.

 

I've also contacted Neill the parking campaigner in Newcastle who adviced these are all illegal.

 

Anyone help?

[tifo]

by the way, there is a story on this same issue about the same car park i received my notice at. I have also contacted this newspaper.

 

Dont Cross The Line (from This Is Lancashire)

[davefirewalker]

Were you driving the car ? these charges by virtue of the fact that they are a private contract only apply to the driver of the vehicle (otherwise how could you agree to the T&C ). one defense could be that you did not drive the car on that day, and for the life of you, you can't remember who was driving.

 

this would only work if you havent already admitted to being there.

 

Have a LONG read of all the threads here, i'm sure that you'll find the answer.

 

ps I dont condone cheating or lying of any description

 

Try also this forum PePiPoo: Helping the motorist to get justice

 

Dave

[JonCris]

by the way, there is a story on this same issue about the same car park i received my notice at. I have also contacted this newspaper.

 

Dont Cross The Line (from This Is Lancashire)

 

Oh dear! Assuming the paper got it right it appears that NCP & it's jobsworths think they can issue "fines"

 

They should be asked under what statute/regulation they, as no more than a private company, are allowed to issue "fines" or for that matter "penalties"

 

Even the local councils are begining to cotton on to the fact that parking enforcement has been decriminalised so even they can't "fine" anyone

[BotB]

Shall i pay this within the 14 days?

 

No, do not pay anything.

Is this definitely a private car park? NCP have contracts with several local authorities to run public car parks. Check the penalty notice for confirmation.

If it is a private car park, write to NCP and ask them to confirm under what legal authority they are suggesting they have an entitlement to claim anything from you.

 

If its a local authority car park being managed by NCP on the LA's behalf then you need to do the usual appeal letter and take it from there.

[tifo]

hi,

 

thanks all for replying.

 

this is more than likely a private car park as most retail store parking is.

 

i have spoken to both Matalan and Staples managers and even though they have CCTV cameras, they do not cover the car park, only their own entrance and exit.

 

however, i was at Focus at 13.00 (the time stated as 'first seen' and they DO have CCTV footage but will only release it to the police and no-one else, not even by a court order.

 

i have appealed stating the notice as null and void because of the incorrect time, but its my word against the attendants.

 

i have no intention of paying and am happy to go to court if they wish.

[JonCris]

No really relevant but tell Focus that whilst they can refuse to release the CCTV footage to anyone even the police they cannot refuse under a court order & if they did they would risk arrest & imprisonment for contempt of court.

 

Just thought I'd mention it as these jobsworths get right up my jacksy

[tifo]

thanks,

 

i thought the same, that they have to comply with a court order, but i was only stating what the manager told me.

 

anyway, even Neill Herron says there is no case for NCP here, so i'm just waiting for a reply to my appeal letter, then take the next step if they refuse.