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#Post#: 79166--------------------------------------------------
Advice Needed- NCP Birmingham International Airport
DIR By: Hyperspeed101
Date: July 2, 2025, 3:57 am
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I recently received a debt collector letter through for a
parking infringement on the 1st of April this year. I didn't
receive the original parking charge correspondences from NCP as
my car was registered to a previous address(my own mistake which
has now been rectified).
The car park in which was used is Car Park 4, it has 10 minutes
free parking to allow drop offs and pick ups. Previously it was
ticketed barrier in which you would go to a pay machine to
validate/pay your ticket. In April, the system had changed and
become automated(the ticket machines are still there, however
I'm assuming they've been changed to a enter your reg style
machine), the duration couldn't of been for anything more than 5
minutes as it was a drop off and exit straight away, with the
assumption that if there was a need to go to a ticket machine to
validate parking, the barrier wouldn't raise. However, the
barrier raised, meaning exit straight away, assuming that
because this was within the 10 minute window, there was no need
to go to a machine.
Having emailed NCP to try and appeal, they're advising me that
all correspondence should go to the debt collectors, the debt
collectors are sending me to their client.
1.) Do I have valid grounds to appeal this?
2.) What is the best course of action to follow?
[attachment deleted by admin]
#Post#: 79244--------------------------------------------------
Re: Advice Needed- NCP Birmingham International Airport
DIR By: b789
Date: July 2, 2025, 9:41 am
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What did you say in your email to NCP? As they hold an incorrect
address for you, you MUST send a data rectification notice (DRN)
to NCP DPO, instructing them to update your details with your
current address for service and to erase your old address. The
highlighted words are there for a reason, so use them.
Hopefully, you did not blab the drivers identity when you
contacted NCP. As the location is not relevant land for the
purposes of POFA because the airport is land that is under the
statutory control of byelaws, they cannot transfer liability for
the charge from the unknown driver to the known Keeper.
As it is too late to appeal, you can try and make a formal
complaint, which should be accepted as an appeal under the
PPSCoP section 11.2. Use the following as your complaint
(assuming you didn't blab the drivers identity when you made
contact with NCP):
--- Quote ---
> Dear Sir/Madam,
>
> I am writing to submit a formal complaint under Section 11.2
of the Private Parking Sector Code of Practice (PPSCoP), which
must also be treated as an appeal against the validity of the
Parking Charge Notice (PCN) issued by NCP in relation to
Birmingham Airport.
>
> I did not receive the original Notice to Keeper (NtK) as my
DVLA keeper details had not yet been updated at the time.
However, PPSCoP Clause 11.2 is clear:
>
> [indent]"Where a parking operator receives a complaint that it
considers to be or include an appeal against the validity of a
parking charge, the parking operator must also treat it as an
appeal for the purposes of applying the timescales in Clause
8.4..."[/indent]
>
> This complaint is therefore to be treated as an appeal unless
and until it is clear that it is not relevant to the PCN.
>
> No Keeper Liability – Land Not “Relevant” Under PoFA
>
> I am the registered keeper of the vehicle. NCP cannot hold a
registered keeper liable for any alleged contravention on land
that is under statutory control. Birmingham Airport is not
“relevant land” for the purposes of Schedule 4 of the Protection
of Freedoms Act 2012 (PoFA), and NCP is fully aware of this
legal limitation.
>
> If Birmingham Airport wished to enforce parking under its own
bylaws, that would be a matter for the landowner. However, NCP
is not the landowner.
>
> The PCN does not purport to be a penalty under bylaws. The
charge is clearly a contractual claim for NCP’s own profit, not
a statutory fine.
>
> The registered keeper cannot be presumed or inferred to have
been the driver. There is no legal basis for NCP to pursue the
keeper under a distorted interpretation of agency law. Your NtK
can only hold the driver liable, and in the absence of driver
identification, you have no lawful basis to pursue the keeper.
>
> This complaint is submitted in writing and must be treated as
an appeal under PPSCoP 11.2. The PCN is unenforceable against
the Keeper due to the land being under statutory control. There
is no admission as to the identity of the driver.
>
> You are urged to cancel this PCN to avoid further wasted time
and resources. Should you choose not to cancel, I require a full
response addressing each of the points raised above, including:
>
> [indent]• Confirmation of the date the NtK was actually posted
(not just generated).
> • Clarification of the legal basis on which you believe keeper
liability applies.
> • A copy of your contract with the landowner authorising
enforcement at Birmingham Airport.
>
> Yours faithfully,
>
> [Your Full Name]
> [Your Postal Address]
> [Your Email Address]
> [Date]
--- End Quote ---
#Post#: 79254--------------------------------------------------
Re: Advice Needed- NCP Birmingham International Airport
DIR By: Hyperspeed101
Date: July 2, 2025, 10:25 am
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In terms of my email to the NCP, I have used the words I drove
when discussing the exit barriers. I'm assuming that having
incriminated myself as the driver, the advice you've given can
no longer be used?
I have requested photographs of my entry/exit of the car park
but they have yet to provide it. Apologies for making the
mistake of contacting them prior to seeking advice but as this
is a first occurrence for me, so thought I was taking the
correct course of action.
As for the DRN to NCP DPO to update details, is it still worth
doing it at this current stage? Is there anything specific I
need to be including in that mail, or anything I should avoid
saying?
Sorry for the questions, just looking to ensure I follow the
correct measures.
#Post#: 79270--------------------------------------------------
Re: Advice Needed- NCP Birmingham International Airport
DIR By: b789
Date: July 2, 2025, 11:23 am
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--- Quote from: Hyperspeed101 link ---
>
> As for the DRN to NCP DPO to update details, is it still worth
doing it at this current stage? Is there anything specific I
need to be including in that mail, or anything I should avoid
saying?
>
--- End Quote ---
--- Quote from: b789 link ---
>
> As they hold an incorrect address for you, you MUST send a
data rectification notice (DRN) to NCP DPO, instructing them to
update your details with your current address for service and to
erase your old address. The highlighted words are there for a
reason, so use them.
>
--- End Quote ---
Try the complaint anyway. In future, never, ever, reveal the
drivers identity for a Parking Charge Notice (PCN) from an
unregulated private parking company. Always refer to the driver
in the third person. No "I did this or that, only "the driver
did this or that".
#Post#: 82488--------------------------------------------------
Re: Advice Needed- NCP Birmingham International Airport
DIR By: Hyperspeed101
Date: July 24, 2025, 6:57 am
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Having followed instructions and sending through the complaint,
I've not received any communication back from NCP. With almost 3
weeks having passed, should I be following up with them as I'm
still receiving letters through from Trace Group?
#Post#: 82493--------------------------------------------------
Re: Advice Needed- NCP Birmingham International Airport
DIR By: b789
Date: July 24, 2025, 7:30 am
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Why wouldn't you?
#Post#: 82507--------------------------------------------------
Re: Advice Needed- NCP Birmingham International Airport
DIR By: Hyperspeed101
Date: July 24, 2025, 8:45 am
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Would they send you a correspondence to advise that they've
dropped it? Any guidance on follow up email as I copied and
pasted what you provided to you below for the initial email?
#Post#: 82522--------------------------------------------------
Re: Advice Needed- NCP Birmingham International Airport
DIR By: b789
Date: July 24, 2025, 9:44 am
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You can have a read of the PPSCoP, section 8.4 to understand
their obligations with regards to appeals and responses:
BPA/IPC PPSCoP
HTML https://irp.cdn-website.com/262226a6/files/uploaded/sector_single_Code_of_Practice_Version_1.1_130225.pdf
#Post#: 83276--------------------------------------------------
Re: Advice Needed- NCP Birmingham International Airport
DIR By: Hyperspeed101
Date: July 29, 2025, 6:32 am
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Thank you for the advice. I've tried speaking with them once
more, however their complaints email is no longer being
monitored, and the web chat advisors keeping sending me to
complete a form which doesn't give you an email confirmation
that it's been logged, so despite sending 1 complaint almost 4
weeks ago, and another last week, I've still not receiving
communication from them.
Even the DRN email which I sent, doesn't seem to be actioned so
am perplexed as to what to do moving forward.
Trace group as still calling me every 3 days for which I took
the advice and am ignoring. Any advice as to what I can do as
next steps?
#Post#: 83306--------------------------------------------------
Re: Advice Needed- NCP Birmingham International Airport
DIR By: b789
Date: July 29, 2025, 9:46 am
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Why on earth haven't you just blocked Trace's number?
If you've sent an email and CC'd yourself, then you have proof
of delivery and the ball is now in their court.
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