NCP PCN - Railway Car Park - Mistyped VRN

[Driver_1982]

Hi,

 

I have received a PCN from NCP on 30/04/2015

 

It states Code F3 - Not parked correctly within the markings of a bay space

 

The fee if paid within 14 days - £50

Goes up to £75 afterwards.

 

The registration plate on PCN has got a '0' instead of 'O' in the second field.

 

I have, unfortunately checked PCN on their website and typed in my actual VRN but that did not bring up a result.

 

Should I just pay £50 and have peace of mind, or wait for them to send me a letter?

 

Many thanks!!

[silverfox1961]

Hi and welcome to CAG.

 

Always appeal in the first instance to NCP and if they refuse your appeal, you can go further to POPLA

 

In the meantime, can you check if the car park is actual railway property as with some, there are bylaws attached which supercede any pretend rules bu a private car park operator.

 

Go back if you can and take pictures of the signs.

 

Also, parking bays on private land are graffiti and have no power over anything.

[DragonFly1967]

Is this headed "Parking" Charge Notice or "Penalty" Charge Notice? I think I already know the answer, but it pays to be certain.

 

Which railway station car park? I ask because if it's railway land, I'm really not sure that the POFA applies (Keeper liability) as they *should* be enforcing parking under railway bylaws, and not some made up Mickey Mouse Terms & Conditions.

 

 

I personally would wait for the Notice to Keeper, NCP are members of the BPA, which opens up the POPLA route for a further appeal, which is a fair bet to win.

 

 

DO NOT appeal until you get the NtK, otherwise you run the risk of identifying who was driving the vehicle when it was parked in the car park, and that's the last thing you want to do

[Driver_1982]

Thank you for quick reply.

 

Tried adding links to photos but I have not reached the threshold of 10 posts on the forums.

 

Should I contact NCP first?

 

It is a Parking Charge Notice. Walthamstow Central station car park.

[ploddertom]

You can add the photos to your posts - use the "Go Advanced " button - best converted to PDF files though.

[Driver_1982]

There we go. Photos show the spot where my vehicle was parked - next to pillars with Silver Clio on the other side.

Signage for the nearest parking bays.

[dx100uk]

no sign of byelaws dodge so ntk time

 

 

dx

[DragonFly1967]

OK, daft question time...

 

You're 100% sure that those are the signs from the car park in question? They appear to be related to a Housing Association.

 

 

If they are the correct signs in the correct car park... Keep those pictures, especially the one of the sign, it might even pay to go back and get better pictures.

 

According to that sign, the drivers "Parking contract" (I use the term only because that's what the PPC will call it) is with the 'Car Parking Partnership' (or Liberty Services/Liberty Printers) so the driver being parked there is absolutely nothing to do with NCP and they have no right to ticket them.

 

This is going to be a very easy win at POPLA.

 

 

 

And to reiterate my earlier advice... Do nothing until you get the Notice to Keeper (NtK) through the post.

[Driver_1982]

The housing association has got a few disabled bays adjacent to the railway car park, which is behind the pillars. I will check for other signs and report back.

Once again thank you for your help.

[BazzaS]

Nice set of conditions on that sign.

Breach of ANY can lead to a charge (so they say).

 

What if I went there, parked in a bay, paid my charge, but didn't display a Blue Badge, as I'm not entitled to a blue badge ......

 

Technically they could claim I breached one of their conditions, to have a valid & current blue badge that is valid for that location (how does one get a blue badge "valid for that location"?)

A blue badge (LA issued) is a blue badge, surely??

 

Just wondering if this would be further knots to tie them in at POPLA?

 

Edited to add: OP posted simultaneously

The housing association has got a few disabled bays adjacent to the railway car park, which is behind the pillars. I will check for other signs and report back.

Once again thank you for your help.

 

This explains the sign applies to those disabled bays

 

OP : was it a disabled bay you parked in / part out of?

[ericsbrother]

Dont respond to the screen ticket as if they have got it wrong you will never get a NTK anyway. If you challenge it now they can assume that you are the driver and then the protections you have under the PoFA are much diluted. The NTK should be with you between 29 and 56 days after the event, any other time and it isnt valid. Save all of the other errors and discrepancies for your appeal to the "independent" adjudicator

[Driver_1982]

Took some photos of the railway car park sign.

Hope the quality is not too bad.

[DragonFly1967]

Confusing signage is going to win this at POPLA. Two completely different signs, from different companies, in the same car park. They don't stand a chance!

 

 

Add to that GPEOL, Right to enforce, right to issue proceedings in their own name etc etc etc, and you can sink it easily. Plus, if the car park is owned by the TOC or NR, then they should be enforcing parking by the use of railway bylaws, not private parking charges. Of course, the problem with that is that if the TOC use the bylaws, the money goes straight to the treasury and the TOC doesn't get a kickback

[ericsbrother]

Ok, 10 iv "you comply with all the signs in the car park"

This makes it an invitation to treat and not a contract so you cannot have breached the contract offered when agreeing to pay. Basically youhave bought the right to park and that sign doesnt stipulate anything so you are only bound by those terms and not those posted on another sign. If it was otherwise, why isnt the pay meter next to that sign?

No breach of conditions so false issuing of ticket.

When you get the NYK in a month's time you can use this argument as well as the others- ie land not "relevant land" for PoFA, no loss etc. They might hope to win at POPLA but it wont go further as they dont want to risk their revenue stream by being called out as fraudsters.

[Driver_1982]

Than you for your replies. I will wait for the NTK now.

[Driver_1982]

Just to follow up on this, no letter arrived. Guess that means no further action will be taken?

[ericsbrother]

obviously they dont have the correct details or they know that they are on a hiding to nothing.