NCP PCN, Union Place, Worthing not appealed or responded to NTK - what next?

[jozxqyk]

Hi all,

 

Looking for some advice regarding a parking charge received in an NCP car park for having an expired ticket.

 

I park there every weekday for work,

I pay for 2 hours as I'm in the office usually for about an hour before heading out again,

but on this day I was delayed leaving and returned 20 minutes after it had expired to find one of their lovely bogus charges.

 

I received the ticket stuck to my windscreen,

with the time of year and seemingly countless work and personal life issues I didn't get round to writing an appeal.

 

The Notice to Keeper arrived in due course and I haven't responded to that either,

 

most recently I received a Keeper Liability Notice stating that it is now too late to appeal and they will pass the matter to a debt collection agency who may take me to court if I don't pay up.

 

Now I'm not worried about their scare tactics, but I've reached the point where I have room in my brain's limited attention span to deal with this

 

What would be the best course of action at this point?

 

I understand that I was at fault but they're asking for £100 which is ludicrous, and I know they cannot charge more than the amount of lost revenue for the car park owner.

 

Should I write to them offering payment equivalent to 1 hour's parking to cover the lost revenue?

 

Thanks in advance,

 

Nick

[dx100uk]

can you fill this out please?

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

[jozxqyk]

Thanks for the quick reply

 

1 The date of infringement? - 04/10/16 @ 13:18

2 Did you appeal to the parking company? - No

If yes, has there been any response?

If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence? Yes, and photographic evidence was provided online

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) - Yes, I checked the NTK for compliance against a post on here.

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances] - I didn't appeal the NTK

5 Who is the parking company? - NCP

 

6. where exactly [Carpark name and town] did you park? - Union Place, Worthing

Thanks

[ericsbrother]

well, no dca is going to take you to court as they dont have any authority to do so ever.

 

NCP are an odd bird in the parking world as they usually are proper leaseholders so actually have the authority to make claims but that doesnt mean they automatically get their signage or paperwork right so post images of the signs at the car park up, esp the one at the entrance and what is written on the machine and also the NTK

[jozxqyk]

Apologies for the delay, I've uploaded photos of the signage here:

 

http://imgur.com/JOymVTB

http://imgur.com/uH3pEaV

 

It looks pretty comprehensive to me but perhaps someone with a bit more savvy can spot something?

[ericsbrother]

well, 2 things,

the conditions on the sign at the entrance are different to the one that is presumably by the ticket machine and the big sign says that terms offered elsewhere apply so it is not a contract but an invitation to treat.

 

secondly, the small print is ridiculously small and the amount of small print on the ticket machine sign is ridiculous so it can be said to be unclear and confusing and possibly misleading, we cant actually read it so the last point is moot.

 

Now, an invitation to treat is like a sign in a shop window saying 50% off most items inside.

 

you then have to go inside and either look at things or ask for help to determine what is being offered and then think about that offer before agreeing to buy or just walking away.

 

the shopkeeper cannot sue you just becasue an item you wanted wasnt in the sale so you didnt buy it, nor can he sue you becasue you carried on looking at his stock after inspecting an item and asking its price without offering to buy it.

the same applies here,

 

there is nothing to say that you have to leave if you dont buy a ticket so anyone parking can at worst be a trespasser and then the landowner may sue you for damages arising from that trespass and nothing else.

 

as it is a car park then no physical damage has been done so you have to look at the landowners possible losses and since the alnd is rented out whether people park there or not no financial loss to the landowner has occurred so you owe nothing to anyone.

 

Put money in the machine and receive a ticket then you have accepted the full terms (as long as they are properly made in good faith) and you are bound by them so an overstay can attract that £100 charge.

 

what we need to see now are the ticket you got slapped on the vehicle, the NTK and any other correspondence to see if a keeper liability has been created as their contract is with the driver at the time, who is unknown to them.

 

they can create a keeper liability but need to follow exact steps to do so.

[jozxqyk]

Thanks for a such a comprehensive reply!

 

I'm working at the moment so I'll dig out the original ticket and NTK when I get home.

[jozxqyk]

Apologies for the delay in replying, hopefully I can still get some advice on this issue. I've attached a copy of the original ticket and the Keeper Liability Notice, can't seem to locate the NTK unfortunately.

 

The plot has thickened slightly due to my delay in dealing with this and I've now had a letter and email from a DCA, no idea where they would have got my email address from though.

 

I read up a little on the Beavis case then mentioned and it seems the consensus is that only applies to time restricted free parking spaces so wouldn't really apply, so more typical misinformation to scare you into paying up.

 

Again, thanks in advance for any advice

[dx100uk]

most of your docs have ref numbers showing you need to redact them properly..

unapproved.

and we need them as a PDF please

follow the UPLOAD

one multipage doc for them all too please

[Oddfellow]

I suspect what you are calling the Keeper Liability Notice is the same as the Notice to Keeper (NTK) that is usually referred to here (and in POFA 2012!).

[jozxqyk]

These should be properly redacted now, attached add a single pdf as requested.

 

Thanks

NCP letters.pdf

[Oddfellow]

OK, so I was wrong, it isn't the NTK. Do you recall getting an NTK? Much of what is in that keeper liability letter is b*ll*cks and scare tactics, as is the stuff from ZZPS. Others more expert will advise on next course of action.

[ericsbrother]

it isnt a NTK and as they refer to it you could ask them for a copy of it but before you do ask the DVLA who has accessed your keeper details and what was the reason given.

ZZPS are rentathreats and can be safely ignored. You dont owe £160 and never will, they do this to rook people who arent aware that they have no powers to do anything at all.