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#Post#: 50547--------------------------------------------------
NCP Parking Charge NtK - Machines were broken
DIR By: Cariboudle
Date: December 20, 2024, 4:07 am
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Hi all,
Me again.
I have received this from NCP for an alleged contravention on
the 28th November.
HTML https://imgur.com/a/oESntdJ
I don't know if this is a valid reason but I understand from the
passenger of the vehicle that the driver entered the
registration number in the payment machines at the end of the
visit to the shopping mall with the intention of paying for the
parking session. The machine confirmed there was nothing to
pay, however. The passenger said it was the type of machine
that displays the photograph taken by the cameras at the car
park's entrance and upon selecting the image to confirm it was
the right vehicle, the machine merely said 'thank you for
parking here' or 'thanks for your visit' or words to that effect
and required no payment. The passenger assumed at the time that
there was some kind of free period before charges kick in (much
like another nearby car park for a different shop where the
first hour is free). The passenger cannot confirm if the
signage said anything like this but I plan to drive there today
to confirm. There is no evidence of the passenger's
recollection, unfortunately, neither driver nor passenger took a
photo.
In the mean time, I'd appreciate your thoughts on the notice
which invites me to either pay the charge or name the driver.
I'd like to appeal.
Thanks!
#Post#: 50550--------------------------------------------------
Re: NCP Parking Charge NtK - Machines were broken
DIR By: DWMB2
Date: December 20, 2024, 4:21 am
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On the face of it the driver would have a decent argument to
make that their contract was frustrated.
However, assuming you are the registered keeper with the V5C in
your name and an up-to-date address, you have a far more
straightforward appeal. They have not complied with the
conditions of Schedule 4 of the Protection of Freedoms Act
(there's a link in my signature underneath this post), which
would allow them to hold you liable as the keeper of the
vehicle. As they haven't done this, they can only hold the
driver liable, and they don't know who that is! Therefore,
appeal as the keeper, being careful not to tick any boxes etc.
that reveal who was driving, with the below:
[indent]Dear Sirs,
I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
There is no obligation for me to name the driver and I will not
be doing so. I am therefore unable to help you further with this
matter, and look forward to your confirmation that the charge
has been cancelled. If you choose to decline this appeal, you
must issue a POPLA code.
Yours,[/indent]
#Post#: 51236--------------------------------------------------
Re: NCP Parking Charge NtK - Machines were broken
DIR By: Cariboudle
Date: December 28, 2024, 5:43 pm
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Hi DWMB2
I used your template to appeal (although with Christmas and
stuff I forgot all about it until Boxing Day!)
Anyway, they have responded quickly! I got an email yesterday,
only one day after submitting the appeal, with a letter attached
stating the charge has been cancelled.
--- Quote ---
> Further to your appeal received on 26/12/2024 regarding the
above Parking Charge Notice.
> Your appeal has been reviewed and has been considered in
conjunction with the evidence gathered by our
> Automatic Number Plate Recognition cameras, which record your
entry and exit times. Having considered the content of your
letter this notice has been cancelled.
>
> Please ensure you take into account the displayed terms and
conditions of parking, to ensure you do not receive any further
Parking Charge Notices.
--- End Quote ---
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