NCP PCN - essex railway carpark

[Herbs73]

Hi 

I received an NCP pcn  for parking at a train station in Essex.

offence was 29th October, pcn is dated 13th January.

 

it doesn’t actually say where it is just the town. 

 

what should my next move be ? 
 

many thanks

 

 

Edited January 31, 2022 by Herbs73

[honeybee13]

Hello, welcome to CAG.

 

Could you let us have the information requested in the forum sticky please? Then we can advise you.

 

 

Best, HB

[Herbs73]

Hi,

I’ll get this done later today,

many thanks 

[dx100uk]

most train station car parks are covered by railway byelaws a scamming private parking company cannot enforce byelaws so it cannot be a FINE.

it's a speculative invoice for breaking some imaginary contract the driver entered into by using the carpark - so dont ever appeal!!

 

don't fall for their tricks

get that link done

scan to one PDF bothsides of everything to date.

redact carefully after reading our upload guide.

 

dx

 

[Herbs73]

1 Date of the infringement 29th October 2021
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 13th January 2022
 

3 Date received 15th January 2022

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] no
 

5 Is there any photographic evidence of the event? yes
 

6 Have you appealed? [Y/N?] post up your appeal] no
 

Have you had a response? [Y/N?] post it up n/a
 

7 Who is the parking company? NCP

 

8. Where exactly [carpark name and town] only town was stated: Manningtree, car park not given

 

NCP NTK.pdf

Edited February 7, 2022 by dx100uk
formatting

[dx100uk]

its anrp capture they are well out of time ( in/ out photos)

they only had 14days to send it.!!

[Herbs73]

Should I ignore ? 

Edited February 7, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

Read a few threads here ..

 

Ignore until/unless you get a letter of claim

[lookinforinfo]

What is it with NCP? 

This is the second PCN where they appear to  have not included where the alleged incident took place.

 

One of the requirements of PoFA is that the PCN must include the relevant land on which the vehicle was parked. Throw that in along with the station is covered by Byelaw 14 of the TFL Railway Byelaws and there is more chance of you becoming the King of England than having to pay the PCN.

 

At least NCP didn't mention in their PCN that liability for the alleged debt could be transferred to the Keeper. I may be wrong but the absence of a complete address on the PCN renders the PCN not only non compliant but there is no way that anyone with one of those PCNs could be found guilty through the lack of proof .

[dx100uk]

pdf sorted to post 5

thread tidied

[Herbs73]

hi guys, its been a while and i was starting to think they had let it drop, but i received this today, what should me course of action be?

 

TIA

 

 

 

ncp parking fine.pdf

[dx100uk]

where does anything say its a FINE please

where have you got that idea from?

 

[FTMDave]

Very true.  A private company can't fine anyone.  All they can do is issue invoices which are no different from an invoice for buying a book on Amazon.

 

Trace are a powerless third party who can't do anything as it's not their debt.  Laugh at them and ignore.

 

 

[Herbs73]

1 hour ago, dx100uk said:

where does anything say its a FINE please

where have you got that idea from?

 

It’s just what I called the scan as they are trying to fine me 

[dx100uk]

it is not a fine..and never can be ...its a speculative invoice because the driver entered onto private land creating an imaginary contract with NCP that the that they may or may not have a valid agreement with the landowner to manage PARKING upon

 

 

 

 

 

[lapwing_larry]

Be prepared for a collection of letters from Trace. Some from the "Debt Recovery Dept" and others from their "Legal Dept". I have seen quite a few and they eventually went away and BW Legal took over.

 

Had a similar NTK to this from NCP. The location was just as vague i.e. just the town and it was received well out of time for POFA keeper liability. However, NCP will claim they are not relying on POFA i.e. they are going to assert that the keeper was the driver. The problem with this is that in their NTK, and subsequent correspondence, they continually state they don't know who the driver is!

 

Prepare for a long haul even though it is hard to see how they can win in court.