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#Post#: 107289--------------------------------------------------
NCP Epsom Parking Charge
DIR By: NBSCMN
Date: January 25, 2026, 5:09 am
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Hi,
What can I appeal for this?
HTML https://imgbox.com/Q7QjYPvN
HTML https://imgbox.com/L8J4lgjz
i think this was delivered around mon 19th but i think the
notice is within the 14 day period as well if im not mistaken
date of incident 3/1
date of sending 14/1
can i appeal as:
strict proof of the date of actual sending based on the
requirements of section 8.1.2(e) Note 2 of the PPSCoP which
states:
Quote
The parking operator must ensure that a notice informs the
recipient: that if the recipient appeals within 28 days of
receiving the parking charge, the right to pay at the rate
applicable when the appeal was made must stand for a further 14
days from the date (subject to 8.1.2d) they receive notification
that their appeal has been rejected;
NOTE 1: Where the 14 days to pay was at the reduced rate a
further 14 days should be offered to make payment at the full
rate.
NOTE 2: A notice sent by post is to be presumed, unless the
contrary is proved, to have been delivered on the second working
day after the day on which it is posted; and for this purpose,
“working day” means any day other than a Saturday, Sunday or a
public holiday in England and Wales. Therefore, parking
operators must retain a record of the date of posting of a
notice, not simply of that notice having been generated (e.g.
the date that any third-party Mail Consolidator actually put it
in the postal system.)
#Post#: 107504--------------------------------------------------
Re: NCP Epsom Parking Charge
DIR By: DWMB2
Date: January 27, 2026, 8:48 am
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Can we assume from your focus on the potential for a technical
defence that you do not believe there is a meritorious defence
(i.e. insufficient signage, the driver actually paid, etc.)? I
note it was a rather short stay.
The presumption that a letter set by post arrives 2 working days
later is rebuttable - the difficulty you will have is actually
rebutting it. You can put them to proof that they sent it when
they claim they sent it. I suppose the natural follow on
question is: what if they can prove it was sent when they say it
was?
Delivery date issue above notwithstanding, the only issue I can
see is an arguable point that they have failed to specify the
relevant land. They say "Epsom High Street", but neither the
entrance nor exit to that car park are actually on High Street,
instead being on Station Approach. You could try an appeal on
that basis - if you draft something up on this we can offer
comment.
#Post#: 107584--------------------------------------------------
Re: NCP Epsom Parking Charge
DIR By: NBSCMN
Date: January 27, 2026, 3:50 pm
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1. Failure to Specify the "Relevant Land" The Notice to Keeper
(NTK) identifies the location of the alleged contravention as
"Epsom High Street." However, the car park in question is not
located on High Street; both the entrance and exit are situated
on Station Approach. Under Schedule 4 of the Protection of
Freedoms Act 2012 (PoFA), a notice must accurately specify the
"relevant land" on which the vehicle was parked. By providing an
incorrect location, NCP has failed to meet the strict
requirements of PoFA 2012, and therefore cannot transfer
liability for this charge to me, the registered keeper.
2. Non-Compliance with PoFA 2012 (Delivery Date) Furthermore, I
challenge the validity of this notice regarding the timeline of
service. For a notice to be PoFA-compliant where no ticket was
fixed to the vehicle, it must be delivered to the keeper within
14 days of the incident. Given the date of the incident
(03/01/2026) and the date of sending (14/01/2026), the notice
did not arrive within the statutory 14-day window. This
constitutes a further failure to meet the requirements necessary
to invoke keeper liability.
3. Consideration Period and Lack of Contract The evidence
provided shows a total stay of only 14 minutes. According to the
BPA Code of Practice, operators must allow a sufficient
"consideration period" for a driver to enter a car park, find a
parking space, and read the terms and conditions on the signage
to decide whether to stay. A 14-minute window is entirely
consistent with a driver entering the site, finding the terms
unacceptable or the site unsuitable, and subsequently exiting.
No contract was ever entered into, and no parking "breach"
occurred.
As NCP has failed to comply with the requirements of PoFA 2012
and the BPA Code of Practice, I request that this charge be
cancelled immediately.
should i remove point 2 ?
#Post#: 107591--------------------------------------------------
Re: NCP Epsom Parking Charge
DIR By: DWMB2
Date: January 27, 2026, 4:32 pm
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I would remove point #2 unless you can provide some evidence to
rebut the presumed date of delivery.
If this is the initial appeal to the operator, is be minded to
just state that they have failed to specify the relevant land
and save your explanations as to why for POPLA.
#Post#: 107616--------------------------------------------------
Re: NCP Epsom Parking Charge
DIR By: ixxy
Date: January 28, 2026, 12:57 am
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Point 3 is rather weak as well, the joint code states the
minimum consideration period is 5 minutes. Is the car park multi
storey? I think arguing 14 minutes is a reasonable consideration
period is pushing it unless its a multi level underground car
park. I very much doubt 5hat would sway NCP in an initial
appeal.
Why was the driver only in the car park for 14 minutes, could
they genuinely not find a space?
#Post#: 108502--------------------------------------------------
Re: NCP Epsom Parking Charge
DIR By: NBSCMN
Date: February 3, 2026, 3:15 am
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thanks all. PCN cancelled
on points 1 and 2 .
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