NCP ANPR PCN - Ashford Park Mall - already appealled what next?

[NCP hater]

Hi all, I'm new here. I've never been in a fix like this before and because I am in the right I'm going to fight as long as I can.

 

Here's the story. One told many times on here one way or another I'm sure.

 

It starts back on the 19th October 2019. I drive into a NCP parking in Ashford Kent.

 

I put my money in (cash) and get no ticket back.

I try again.

Nothing.

I drive home after an hour or so.

 

Some time after I get a bill for £100. I now realised I somehow missed the first demand. I write to NCP telling them my story and get no reply. Apparently, I'd broken the rules of engagement here and left it too late to complain. Who the hell do they think they are? Where's Boris when you need him?!

 

Moving on, I got another letter a few weeks back and decided to ignore it. After all they didn't reply to me. What would contacting them achieve I figured as I'd "timed out".

 

Lets face it. They have the smell of free money up theirs hooters so nothing I had to say was going to change their attitude towards me.

 

Needless to say they have now moved this on down the line. I got a very nice letter from a bunch of other cowboys looking for some more free money. A bunch of called Trace now asking me for £160 to settle their financial woos.

 

Of course it's as you might expect threats, if you don't pay we'll cut ya gonads off with a blunt rusty knife. We might even take you to court and saddle you with solicitors fees (more free money) Can someone please tell me where I stand?

 

Many thanks for all your help and advice.

 

[dx100uk]

moved to the private parking forum.

 

please complete this:

 

 

a dca is not a bailiff

and have

ZERO legal power on ANY debt no matter what it's type.

 

as long as you've not moved

and the car is registered to where you are now

you are safe to ignore until/unless you get a letter of claim.

 

dx

 

[NCP hater]

NCP is not local authority.

 

They can't issue a penalty charge Notice. Only parking charge notices. They are a private company.

 

As I understand it, the "debt" cannot be increased as this is a private matter between me and NCP so the original demand stands still at thirty quid.  NCP have no more legal powers than myself.

 

I'm a bit unsure about this but that's what I've found. I'm not sure about it. After all everyone's an expert on the net.

 

Any ideas about this?

 

Question is, can they take me to court and have scummy solicitor bump up the bill? This is my concern. 

 

Thanks!!

[lookinforinfo]

You're not quite there.

 

On their signs there will be a figure-usually between £85 and £100.

That is the figure that they cannot lawfully charge more unless they know you were the driver' That is included in the Protection of Freedoms Act schedule 4.

 

By writing to them you possibly revealed that you were the driver and lost that particular protection from POFA. It is not the end of the world and as you paid they have lost nothing.

 

It isn't your fault that their ticket machines are rubbish. Please fill in the above form so that we can show you how to avoid paying these crooks any money.

[dx100uk]

I never said they were an LA nor can fine you.

you were the one that posted this in the local authority parking forum not me

I moved it to the private parking forum.

 

now you might be an ncp hater but some of your research needs refining.

 

the bottom line is YES NCP can and do take people to court

and YES solicitors fees can be added but not any unicorn food tax.

 

best idea is to please complete that questionnaire then we have all the correct info to advise you properly, not rantings and misguided thoughts that might have so far clouded what info we have.

 

you also need to answer:

as long as you've not moved

and the car is registered to where you are now

you are safe to ignore until/unless you get a letter of claim.

 

[NCP hater]

Hi and thanks for your reply. Sorry for posting in the wrong place and thanks for putting me right. I'm new here so this is all very new to me.

 

So to answer your q's.

No I've not moved

The car was registered to me at my current address but is now scrapped.

 

This is like legalised theft - unbelievable this is possible in today's regulated world - rant over  

[dx100uk]

ok questionnaire in post 2 please 

and the NTK and your appeal please to PDF

read upload carefully

 

dx

 

[ericsbrother]

the new BPA code of conduct says that they are obliged to desist from making demands when their equipment is wonky but this only came in last month.

 

However, it does show that there is a widely known problem fo parking co's not bothering to mend their broken equipment and then billing people as a result.

 

NCP NEVER do things in time so you should not engage with them in the early stages>

They wont have sent out the first demand in time so they probebly just decided to create a phantom one and send you a follow up letter and will produce the false evidence if need be.

 

You need to ask the DVLA who has accessed your personal data, whan and for what reason.

i bet NCP are stuffed in this respect and you can sue them if you are minded to do so.

 

Trace are a toothless rentathreat letter writer and cant do anything so ignore them completely.

NCP dont like doing court as they lose due to their incompetence rather than much else

[NCP hater]

Hiya, sorry for the delay. I had to borrow a scanner. All done now though.

 

Grateful for your thoughts.

 

Thanks !!!!  

 

docs1.pdf

 

1 Date of the infringement: 19.10.19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

 

I never got the first letter for the original "offence".

These are not sent recorded delivery.

The demand I have in hand for £100 is dated 31.10.19

 

Then another demand appeared 29.11.19 again for £100.

This to be paid by 12.12.19.

The Trace letter is posted 05.02.2020.

It "expires" with unknown consequences 19.02.2020 

 

3 Date received: see history above please

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No it is not mentioned. I don't see any mention of it (I've uploaded the reverse sides off all 3 letters for you)

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? [Y/N?] post up your appeal] Yes after the £60 cut off date. I was surprised I even got to send my complaint. (see screenshot) I never got a reply. Just a final reminder to begging for money.

 

Have you had a response? [Y/N?] post it up: No reply. Just Trace begging letter.

 

7 Who is the parking company? NCP

 

8. Where exactly [carpark name and town] Ashford Park Mall

appeal.pdf trace back.pdf

 

This is very simple.

I drove in.

Paid twice didn't get a receipt for my money.

I was in a hurry.

I walked away.

1.30hr later I come back and drive out.

 

Never once have NCP replied to my one appeal.

Surprisingly their site allowed me to appeal as I was  beyond their appeal time.

 

Never did they reply to say they'd look at their data logs for the day or make the slightest attempt to get to the reason my payment and their machine had failed.

Not interest.

Sure not.

 

When you're judge and jury why would to want to prove someone innocent when you're an ATM machine at the end of aggressive and threatening letters backed up by a bunch of like Trace?

 

[ericsbrother]

so get on to the DVLA and find out when NCP asked for your keeper details.

 

You can have them over this so even though you appealed and probably identified yourself as the driver thus giving them a cause for chasing you they will have breached the rules about use of the KADOE system for accessing the DVLA database.

 

Now the DVLA are just as bent as the parking co's when it comes to ignoring the law so they can make money so just ask the who and when and make a complaint to the ICO if necessary rsther than complaining to the DVLA or they will just bin your requests for data.

 

lastly, ignore the parking co's deadlines, you arent going to pay anyway so it doesnt matter what they say

[NCP hater]

Thanks!

 

Is there no way I can get there people stop harassing me and get this thing beat?

There is no solution offered here.

Much good advice but how do I get these people to go away?

 

I will make an information request but its going to take 4 weeks and still no definite solution.

Just more info.

 

Thanks !!!

 

on chat with DVLA

You (10/02/2020, 14:40:00): I'm in a tangle with the odious NCP. I believe I can ask for data they requested for my old car. Is this possible. I'm fighting these horrid people tooth n nail. 

Nia (10/02/2020, 14:40:32): You can make a data subject request via email at: [email protected] 

Nia (10/02/2020, 14:40:46): You will receive a response within 4 weeks. 

You (10/02/2020, 14:41:25): ok. thanks for that 

[dx100uk]

that's not what you were asked to do.

 

dx

 

[NCP hater]

Sorry DX. I'm not getting it. Where is there a resolution in all this please?

 

Edited February 14, 2020 by NCP hater

[honeybee13]

'Much good advice but how do I get these people to go away?'

 

Sadly this takes time as parking companies don't play by the normal rules. There is no magic bullet to get them to shut up, you need to go through a trail of letters and threatograms and eventually they usually give up.

 

If you follow the steps recommended by the guys here, you'll be OK.

 

HB

[dx100uk]

On 13/02/2020 at 09:02, ericsbrother said:

so get on to the DVLA and find out when NCP asked for your keeper details.

 

ask in a letter ... it's not an SAR request

best to write also 

[ericsbrother]

they dont make money if they behave fairly so you have to expect them to lie to you and try and wear you down. There is no quick fix, you need to get all of the relevant information so you hit them hard when the time comes. The time will not be of your choosing but theirs.

 

The DVLA have given you the info you need to make the request, word it carefully so they have to respond correctly rather than sending you a photocopy of some general statement saying that peopel have a right to access your deatils if they have a reasonable cause.  We know that but what you want is the who, when and why so you have something to use against them later when they threaten to take you to court.

 

The request HAS to be in writing so that you can be identified as the data subject so expect to eb asked to provide soem proof of identity. your vehicle V5 refernce number will usually do

 

If they dont threaten you with that then nothing lost.

 

[NCP hater]

Hi all, thanks for the advice! I'll get onto DVLA tomorrow. Would getting in touch with POPLA do any good?

 

Can I ask for feedback re. the link below. I'm thinking of sending this to Trace. Below is a the link. Below that is the docx.

 

Any comments on this? Thanks !!

 

(removed - dx) 

[FTMDave]

No!  Don't send anything to Trace.  It's not their debt and so they can do nothing to you.  Nor will they take a blind bit of notice of anything you say.  Read Dx's posts 2 & 5 again.

 

All that is happening at the moment is that you're receiving a lot of toilet paper in envelopes.  Nothing is happening legally.  Unless you get a LBA there is nothing to worry about.

[NCP hater]

 Thanks,

I've also found this..... 

(removed - dx) 

 

Clearly any challenge needs to be addressed to NCP .... take a look !

As they have ignored me this far.

Even though I have tried once to communicate with them maybe this is a reasonable next step??

 

(removed - dx) 

 

 

[honeybee13]

Hi.

 

We don't recommend letter tennis with PPCs, POPLA or DCAs. The danger is that if you keep communicating they will try to get you to say something that traps you or you will just volunteer it. I know you want to get rid of this now but as I said before, it doesn't work like that.

 

Better to sit on your hands and then pounce at the appropriate moment.

 

HB

[dx100uk]

no no 

please never enter into any pointless letter tennis with powerless DCA's they are NOT BAILIFFS

 

and do not appeal ever.

 

see if you get a letter of claim.

 

ive removed the quotes/links/text of letters from other sites so people here don't mistakenly use them.

 

dx

 

[brassnecked]

Any communication beyond a snotty ericsbrother letter, after they send a letter of Claim merely encourages them to think they have a cash cow here.

[ericsbrother]

they will soon realise the limits of your knowledge and you may well trip yourself up.

 

Doing and saying nothing means they dont know what you are thnking or up to in the background

 

also if you fire off a letter now it will be easy for them to identify you as the author of this thread and they will use that knowledge to try and get you to pay them by saying things like 

"we know who you are and you have been getting advice illegally and a court will chuck out your defence"

 

Yes, they have tried that in the past so maintain radio silence until they make their next move

[NCP hater]

thanks for the advice and support. Donation made.

[dx100uk]