DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 102882--------------------------------------------------
PCN Cardiff NCP
DIR By: Sander333
Date: December 17, 2025, 9:59 am
---------------------------------------------------------
As the registered keeper I have received a PCN from NCP. The
incident occurred on 22nd November 2025 and the PCN is dated
12th December 2025. Well after 14 days I believe to hold the
keeper liable. Apparently the driver entered the car car park at
1144hrs and drove around looking for a car parking space and
each time one became available they were unable to do so due to
the queue for spaces.
The driver then decided to exit the car park but there was a
queue to leave.They left at 1157 hours as per ANPR capture. From
my point of view there is no requirement for the registered
keeper to nominate the driver due to non compliance with POFA.
Please can you provide your views.
I will add the PCN for viewing but cannot see how to add a
photograph at this stage.
#Post#: 102883--------------------------------------------------
Re: PCN Cardiff NCP
DIR By: DWMB2
Date: December 17, 2025, 10:02 am
---------------------------------------------------------
--- Quote from: Sander333 link ---
>
> I will add the PCN for viewing but cannot see how to add a
photograph at this stage.
>
--- End Quote ---
Posting images
HTML https://www.ftla.uk/announcements/posting-images/msg99545/#new
#Post#: 102889--------------------------------------------------
Re: PCN Cardiff NCP
DIR By: jfollows
Date: December 17, 2025, 10:37 am
---------------------------------------------------------
There is never any requirement for the registered keeper to
identify the driver. In addition to non-compliance with PoFA,
the driver was unable to park and the cameras did not record a
“period of parking” for that reason, but a simple appeal will
get things started, I’d save the other point for POPLA in due
course. NCP have actually been known to allow first appeals, so
you never know. Deemed delivery date 16/12.
#Post#: 102894--------------------------------------------------
Re: PCN Cardiff NCP
DIR By: Sander333
Date: December 17, 2025, 10:51 am
---------------------------------------------------------
Thanks for the advice I assume the appeal should be made on
website rather that by letter.I have managed to download images
of PCN but having difficulty in migrating to this site. Will
seek advice from someone more tech savvy.Thanks
#Post#: 102902--------------------------------------------------
Re: PCN Cardiff NCP
DIR By: b789
Date: December 17, 2025, 11:36 am
---------------------------------------------------------
As a matter of interest, was the location a train station or
airport by any chance?
Whatever, happens, as long as the driver is not identified,
there can be no Keeper liability if the dates you have mentioned
are correct for the alleged contravention and the issue date of
the PCN.
#Post#: 102917--------------------------------------------------
Re: PCN Cardiff NCP
DIR By: Sander333
Date: December 17, 2025, 12:47 pm
---------------------------------------------------------
The location given on the PNC is Cardiff Adam Street.The PCN
gives a period of parking as entry 22/11/2025 11.44.09 exit
11.57.25.
#Post#: 102925--------------------------------------------------
Re: PCN Cardiff NCP
DIR By: Sander333
Date: December 17, 2025, 2:08 pm
---------------------------------------------------------
<img src="
HTML https://i.ibb.co/KxJXCpbB/IMG-0139.jpg"
alt="IMG 0139"
border="0">
<img src="
HTML https://i.ibb.co/rGWBdwDR/IMG-0140.jpg"
alt="IMG 0140"
border="0">
PCN uploaded for further advice thanks.
Any tips and guidance for appeal.
#Post#: 102967--------------------------------------------------
Re: PCN Cardiff NCP
DIR By: b789
Date: December 17, 2025, 11:21 pm
---------------------------------------------------------
Easy one to deal with… as long as the unknown drivers identity
is not revealed. There is no legal obligation on the known
keeper (the recipient of the Notice to Keeper (NtK)) to reveal
the identity of the unknown driver and no inference or
assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your “parking
charge”. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client/landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of the Protection of Freedoms Act 2012 (PoFA
2012), you are unable to hold the keeper of the vehicle liable
for the charge. Partial or even substantial compliance is not
sufficient. There will be no admission as to who was driving and
no inference or assumptions can be drawn. NCP has relied on
contract law allegations of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some strained interpretation
of the law of agency. Your NtK can only ever attempt to hold the
driver liable.
>
> Further, you are now on notice that I am also reporting NCP to
the DVLA for breach of the Private Parking Single Code of
Practice, Section 8.1.1(d). You will be aware that DVLA data
access is conditional upon compliance obligations, and that
breaches engage your KADOE contract. I will not set out the
detail here; you are invited to look up Section 8.1.1(d)
yourself.
>
> NCP has no prospect of success at POPLA. You are urged to save
us both a complete waste of time and cancel this charge.
--- End Quote ---
I suggest you make the formal complaint to the DVLA that NCP
have issued an NtK 20 days after the date of the alleged
contravention and it was not given (served) until 24 days after
the date of the alleged contravention. However, they have stated
in their NtK that they are holding the Keeper liable if the
driver is not identified. That is a clear breach of the PPSCoP
section 8.1.1(d) which states:
--- Quote ---
> The parking operator must not serve a notice which in its
design and/or language: state the keeper is liable under the
Protection of Freedoms Act 2012 where they cannot be held
liable.
--- End Quote ---
Because their NtK specifically states that they can recover from
you (the Keeper) the charge if it is not paid. They have used
the exact language from PoFA paragraph 9(2).
#Post#: 102991--------------------------------------------------
Re: PCN Cardiff NCP
DIR By: Sander333
Date: December 18, 2025, 5:19 am
---------------------------------------------------------
Thanks for the advice and appeal sent to NCP.In relation to the
DVLA do I just need to to send the outline of my complaint as
suggested above.
Is there a specific address i.e. for KADOE as the options on
their complaints page does not seem to fit for the purpose to
register complaint.
#Post#: 103029--------------------------------------------------
Re: PCN Cardiff NCP
DIR By: b789
Date: December 18, 2025, 10:25 am
---------------------------------------------------------
You can try and email the DVLA KADOE compliance team at
complaints@dvla.gov.uk otherwise, you’ll have to use their
webform.
*****************************************************
Page 1 of 2
DIR Next Page