Ncp pcn***Successful***

[cadders]

Hi,

 

I received a PCN for parking on the entrance to a train station car park but the PCN states I have "not parked correctly within the markings of the bay"

 

Can anyone spare any thoughts as to whether this will be successfully appealed?

 

First of all, I was parked before the barriers to the car park and secondly I wasn't parked in a bay to be not parked in it correctly?

 

Yes, I probably shouldn't of parked there but as the car park was full, there was no where else to go. Besides, it`s not like I was causing an obstruction.

 

Thanks in advance.

 

D

[Bazooka Boo]

Was this a NTD or have you received the NTK yet?

[cadders]

Was this a NTD or have you received the NTK yet?

 

NTD, it's only from the other day.

 

Thanks

[ericsbrother]

then wait for the notice to keeper to arrive through the post and we can see if they follow the correct procedures for that. The truth is it wont as railway land is not "relevent land" under the PoFA but better to let them hang themselves rather than tell them at this stage, it will make things much easier for you and conversely harder for them later.

[cadders]

Ok, so i`ve received the NTK.

 

Any ideas on where I go from here?

 

Technically the car wasn't parked in the car park but on the slip road before the barriers.

 

It states "Not parked correctly within the markings of the bay space" How can this be true if it was not in a space in the first place?

 

Thanks in advance for your help.

[armadillo71]

Ok, so i`ve received the NTK.

 

Any ideas on where I go from here?

 

Technically the car wasn't parked in the car park but on the slip road before the barriers.

 

It states "Not parked correctly within the markings of the bay space" How can this be true if it was not in a space in the first place?

 

Thanks in advance for your help.

 

Can you post up a redacted copy of the NTK please. Both sides.

 

Also which train station was this?

 

I assume they are quoting the POFA but as already mentioned, railway land is not ' relevant land ' to enable keeper liability.

The NTK/NTD will not be compliant anyway.

[ericsbrother]

You have to appeal to the operator before you get to write to POPLA so your appeal is that there has been no breach of the conditions of parking at the site ( they have to name the site accurately so if that is a bit vague more reason to argue later) because the vehicle was not parked on any land owned or controlled by NCP and you put it to "strict proof" that NCP has any authority to offer any contracts at that precise location where the alleged contravention took place.

 

Dont mention anything about relevant land or railway byelaws, we will get them on that one if they want to waste £27 an a POPLA appeal.

It would still be sueful to have the full details and sight of the NTK so we can provide you with more ammo

[cadders]

Ok Thanks, I have responded per below:

 

Dear Sir/Madam,

 

As keeper of this vehicle, I would like to appeal this Parking Charge Notice for the following reasons.

 

- The driver did not go through the car park barriers to enter in to any agreement with NCP, therefore, could not possibly of parked incorrectly within the markings of the bay space, as stated on the National Car Parks PCN.

 

- The driver was not causing an obstruction to any other motorist trying to enter or exit the car park.

 

- Furthermore, there are no markings on the road or signage to say that there should be no parking where the driver had parked their vehicle. If NCP did not want motorist to park there, they should mark the road appropriately, just like the Highways Agency, Local Council

 

On the above notes, please cancel this ticket as it is unjust and incorrectly given.

 

Kind Regards,

[JoeyJoeC]

I would assume since you parked before the barriers / signs, then how can the contract apply to you? You didn't enter.

 

Could you let us know which car park? If possible, post up a google street view map of where you parked exactly.

[cadders]

Apologies for the delay, the auto email to tell me someone had replied did not work for some reason.

 

Here is the entrance to the car park at the top...

 

 

This is the car parked up.

 

 

 

Station is Warrington Bank Quay, Car Park Number 2

Edited January 19, 2016 by cadders
Add station name

[cadders]

Can you post up a redacted copy of the NTK please. Both sides.

 

Also which train station was this?

 

I assume they are quoting the POFA but as already mentioned, railway land is not ' relevant land ' to enable keeper liability.

The NTK/NTD will not be compliant anyway.

 

Sorry, will do this tonight.

 

Regards

[ericsbrother]

well, thta makes it clearer and they dont have a hope in hell of winning a legal claim BUT I wouldnt park where you did if it is railway land as Railtrack do have the right to tow away and prosecute you. be warned for the future.

[cadders]

So I won......

 

An Appeal has been opened with the reference ....................

 

NCP Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge

 

Thanks for all your advice.

 

Dave

[ericsbrother]

Well done, an inevitable result.

The parking co's will often not bother to offer any evidence when they know they are caught out in this manner as any adjudication could be used in a group action so they are just happy to lose one and carry on and hope that somebody else will just pay up.

[Bazooka Boo]

Ha ha ha, excellent, well done!

[AndyOrch]

Well done thread title amended to reflect the outcome.

 

Regards

 

Andy

[JoeyJoeC]

Great to hear! People dont come back often enough to report the results!

 

(Sorry I had overlooked your reply to my question earlier).

[JoeyJoeC]

well, thta makes it clearer and they dont have a hope in hell of winning a legal claim BUT I wouldnt park where you did if it is railway land as Railtrack do have the right to tow away and prosecute you. be warned for the future.

 

If they were to issue a ticket based on Bylaw 14, then the parking company wouldn't make the money from it, they would rather pocket the money themselves. Although I bet if you continued to park in the same place, they may go for Bylaw 14 next time.