NCP/BW ANPR PCN -Letter of claim -- Disabled Parking - Chelmsford Railway station. drop off /collect area

[nightnajjers]

Can"t belive this, Just got rid of the VCS parasites, now this one. 20 years with no parking problems and then two in a row? unbelievable!

 

Is there anything right with this one?

 

1 Date of the infringement   25th Sept 2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]   03 Jan 2023

 

3 Date received 5th Jan 2023
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012   No
 

5 Is there any photographic evidence of the event?  yes ,but not in a disabled bay as alleged
 

6 Have you appealed?    No
 

 

7 Who is the parking company?   NCP

 

8. Where exactly      Chelmsford Railway station.  drop off /collect area

 

For either option, does it say which appeals body they operate under.

 

www.gaparking.co.uk/pcn or  rather nicely for them   NCP Ltd

 

pcn ntk.pdf

[FTMDave]

The good news is that their invoice has been sent out way, way too late to establish keeper liability.

 

Just to check - you haven't communicated with them in any way, right?

 

The car was there 16 minutes.  You mention a drop-off area.  Could the driver have stayed "too long" in the drop off area?

 

 

 

 

[Homer67]

Not sure if the Blue Badge/Disabled Parking Bays are enforceable on railway land but the NTK is way too late to create keeper liability even by the date on the NTK let alone the date received, so do nothing until you get a Letter Before Claim and then send a snotty letter asking why they think the rules don't apply to them.

[nightnajjers]

Thank you for the replies.

No, not contacted or appealed them. I know better than that thanks to being here.

 

Out of time by weeks.

 

The Notice  says Chelmsford station Disabled bays but the photos are the vehicle on the road not in bay.

 

It is not desigfnated as a drop off area.

 

Railways are covered by  Bye laws are they not?

 

No mention of POFA.

 

The vehicle was never parked, the driver did not exit the vehicle.

 

Got to admire them for allowing an appeal to themselves lol . 

 

 

[FTMDave]

Add to the idiocy them lifting a Statement of Truth from a Witness Statement somewhere and stating you will be liable for prosecution if you're not truthful with them.  Really?  In a civil legal dispute?!!!

 

Good point about the bye-laws.

 

 

[brassnecked]

Yes sit tight and snotty letter, they will hang themselves with this one.

[nightnajjers]

I look forward to more  Red,  waste paper and menacing drivel. Bunch of Parasitc Chumps.

 

 

 

 

 

 

[BankFodder]

open

[nightnajjers]

After the usual threats they finally sent ` letter of claim. Snotty letter time.

[FTMDave]

Yep, you know the drill.

[nightnajjers]

Rather helpfully BW sent a reminder of the date of expiry of the LBC and gave the final opportunity of taking advantage of them re offering  a Pre-approved personal payment solution/ monthly plan  they have created. Even more helpfully  they added another 5 days to accept the Payment plan and avoid a Court claim. The snotty letter crossed in the post with the last  (eighth)  letter from NCP or the accomplice.

[nightnajjers]

Little bit of and update and some extra interesting Singage at the Railway Station.

Snotty letter sent, they  answered with the amusing   I "failed to adequatley specify why you dispute the PCN and why you are not liable for the outstanding". 

They seemed to be worried that I am worried and may not be able to pay, but rather helpfully the client may accept affordable monthly rates.

Anyway, whilst checking the signs in the infected railway  car park I found this snippet.

NCP

8 Traffic Orders and by laws

The use of this car park may be regulated by traffic orders or bye laws under which a penalty may be payable for failing to comply with these terms or the requirements of the relevant order or bye law. In such circumstances , seperate notices specifying the relevant order or bye law will be displayed in the car park and we reserve to right to take enforcemant action against you (including through court proceedings) for breach of such orders or bye laws.

 

There are no seperate notices.

 

 

[dx100uk]

and those signs do not have ncp on them but the railway authority.?

dx

[nightnajjers]

NCP.pdf

[dx100uk]

its a catch all sign designed for not just that car park. its also usefully misleading for NCP in that it brings in the word penalty, thus a fine. where most people cant or even know the difference between a parking charge notice (a speculative  invoice) and a penalty change notice.

if there were such other signs then they would state the railways authority or the highways authority whom enforce such rules by issuing a penalty charge notice themselves.

a speculative invoice issued by NCP can never enforce a byelaw or a traffic enforcement order. end of.

and ncp can never issue a penalty charge notice.

the clue is in their misleading reference to enforcement in court.

Penalty Charge Notices are not enforced by a magistrates (criminal court) anymore, they were decriminalised years and years ago.

speculative invoices ( a parking charge notice) which is issued because of a supposed breaking of an imaginary contract for parking, are a civil matter and can be taken to a civil court under contract law.

there are not and there has never been, one civil court case whereby a PPC specifically raised a court claim for a penalty charge notice they cannot issue them.

dx

 

 

[nightnajjers]

I was more interested in the fact that they admit that the site is covered by the railway bye laws which as I understand it "not relevant land"  Not that it stopped them trying it on with me.

The PCN was for   "maximum stay exceeded" ,  The best bit is, there is no mention of a time limit and how long one may stay (if you choose to Park, which I did not) on any of the signage. They have done the usual trick of using the entry and exit times as a  parking period.

[dx100uk]

22 minutes ago, nightnajjers said:

I was more interested in the fact that they admit that the site is covered by the railway bye laws

they dont...where?

dx

 

[FTMDave]

The sign is laughable.  They actually write "Please read these terms and conditions carefully" so they actually expect motorists to plough through all those electron-microscope readable conditions.  It would take for ever and is clearly unreasonable.

[nightnajjers]

I was assuming that as it was a railway station and it has  by-laws that:

" The use of this car park may be regulated by traffic orders or bye laws under...."  was saying as much.

 

The whole pcn is worse than laughable, I am surprised that even they can get as daft as they have been.

I suppose I can live with  hope they forward me the Chegue for £170. for doing absolutely nothing that I asked for.

 

 

[Nicky Boy]

As already said, it's a catch all sign, for use all over the place...

26 minutes ago, nightnajjers said:

" The use of this car park may be regulated by traffic orders or bye laws under...."

 

[dx100uk]

as i said its a generic sign across all their car parks and needs to be read carefully upon what they are actually stating as fact for that location and what is a frightener which ahs zero bearing.

bit like a dca letter - always uses everyword bar WILL.

dx