Author Topic: NCP Ltd bend over and drop them at Shenfield Station  (Read 1142 times)

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Offline Ewan Hoosami

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NCP Ltd bend over and drop them at Shenfield Station
« on: 30 October, 2017, 06:53:59 PM »
My Nephew has just had a swift tutorial on sticking it to the parking weasels. Having paid for his parking for the day, he was horrified to find a lovely yellow envelope stuck to his windscreen with a begging letter inside asking for £75. My initial advice was to sit back and watch David Attenborough on the telly to get an idea of how weasels operate, and to await the second begging letter or Notice To Keeper, if you will. Having studied the photos he sent me, I could see that Shenfield Station car park was set up pretty much the same as every other station car park I had seen in that there was no entrance signage, warning of private parking weasel infestation and no regular specific term signage within the car park. There was simply one 'contract with a weasel' sign by the ticket machine and one more similar one repeated along the far wall.

The NTK arrived which did not comply with any requirements of POFA sch.4 so a swift appeal was stuck in as the registered keeper. NCP Ltd alleged that our man had parked in a restricted area and had included photographic evidence of the vehicle parked wholly in a marked bay and a close up of the purchased ticket. It did occur to me that painting parking bays where you do not want people to park is a little silly. It appears that NCP Ltd contract out all their correspondence to yr 1 of the local primary school. The very poorly written reply was basically refusal to consider any appeal unless the driver was named. Little Jonny worded it thus,
"Unfortunately we are unable to progress your appeal further at present, as you are a third party making the appeal on behalf of the driver. We can however progress an appeal once we are in receipt of signed and dated written consent from the driver of the vehicle at the time of the issue of the Parking Charge Notice giving you full authority to act on their behalf and to receive any relevant information or data relating to them."
It was pointed out to little Jonny, over the course of three more letters, that the Registered Keeper is entitled to appeal a Notice To Keeper as per the BPA Ltd Code of Practice, NCP Ltd's own procedures (as laid out on the NTK) and common f :o cking sense basically  <Flogging> The first two letters resulted in a copy and paste job of the first reply, begging for the driver's identity. They did however, eventually drop them and provided the all important POPLA code  <Yes!>

It did not escape my attention that NCP were in fact a third party acting on behalf of the landowner whilst trying to accuse the Registered Keeper of being a third party. The irony was lost on NCP Ltd.  <Quiet>

Next up, a robust POPLA appeal was lodged, setting out our case,
1. The Registered keeper could not be liable as POFA was not complied with and in any case the land was subject to TFL bylaws so was not relevant for the purposes of POFA.
2. The wise words of his nibs, Mr Greenslade, stating that there can be no presumption in law of the Registered Keeper having driven the car, along with the transcript of VCS Ltd -v- Quayle with the Judge reaching that very conclusion. (shamelessly plagiarised from M'learned Parking Prankster's own wealth of case law)
3. Multiple Code of Practice breaches including not observing a grace period before issuing a sPeCulative iNvoice (PCN), Failing to erect both entrance signage and frequent 'terms' signage, failing to discount the begging letter by 'at least 40%' (£75 discounted to £50).
4. NCP Ltd allege that the car was in a restricted area yet NCP Ltd's own images show the car parked wholly in a bay and displaying a paid parking ticket (muppets).
5. Inability to contract. If signage prohibits parking in a specific area then there can be no contract as there is no consideration (assuming of course NCP Ltd can clear the thorny hurdle of having no signage)
6. Landowner authorisation. Only the most switched on of parking companies have taken the trouble to get proper authority to operate and to pursue charges in their own name. Call it a hunch if you like but I suspected that NCP Ltd might be a bunch of of half-arsed monkey muppet shysters who couldn't put a cogent case together, not even if £75 depended on it.

After taking three weeks to read our POPLA appeal, the legal bigwigs at NCP Ltd decided not to hammer us into the ground and told POPLA that they would not contest the appeal. This was explained as,

'a gesture of goodwill'    <Donald>    <Donald>    <Donald>    <Donald>





Gosh! That was a narrow squeak. We could have been in for it there. Still, I am eternally grateful for NCP Ltd's generosity. So much so that I would like to provide them with a little gift. Since they are now £75 out of pocket, as a gesture of goodwill,  <Whistle> any NCP Ltd employees seeing this are more than welcome to help themselves to this wonderful image of a Rover 75 (as a gesture of goodwill  <Whistle> )



Keen eyed NCP Ltd parking aficionados will have noticed that the 75 in the image was probably not parked within the terms and conditions that would have been advertised at the entrance to and throughout the area. You may wish to print the image off and display it on the wall of the notice processing office which you have my personal permission to do (as a gesture of goodwill  <Whistle> ) I say office but for all I know, it may be a broom cupboard with a Sinclair ZX81 perched on top of an upturned bucket. I hear that progressive companies like NCP Ltd like to cut costs wherever possible.
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline Kill Switch

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Re: NCP Ltd bend over and drop them at Shenfield Station
« Reply #1 on: 30 October, 2017, 07:36:36 PM »
If you get enough "gestures of goodwill", could that then become an expectation, and negate any future begging letters....I wonder....??
A word to the wise ain't necessary - it's the stupid ones that need the advice


Offline The Bald Eagle

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Re: NCP Ltd bend over and drop them at Shenfield Station
« Reply #2 on: 31 October, 2017, 10:32:26 AM »
May one enquire as to the identity of the Rover's owner...?  <Whistle>
WE ARE WATCHING YOU

Offline Ewan Hoosami

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Re: NCP Ltd bend over and drop them at Shenfield Station
« Reply #3 on: 31 October, 2017, 02:00:22 PM »
That's just a stock image I nicked off t'internet. I didn't pay £75 for that one neither   <dancingbanana2>
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline The Bald Eagle

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Re: NCP Ltd bend over and drop them at Shenfield Station
« Reply #4 on: 31 October, 2017, 02:36:51 PM »
Damn! I thought you were going to say it belonged to an NCP Ltd wea$el
WE ARE WATCHING YOU

 


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