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John LLB
John LLB, Solicitor
Category: Traffic Law
Satisfied Customers: 305
Experience:  8 years legal experience
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I received a NCP penalty notice for non pay and display for

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Hi, I received a NCP penalty notice for non pay and display for £100 at Southport train station. I used to use it all the time and it was take a ticket and then pay on exit. I was running late and didn’t display in the morning. I did however pay when I got back in the evening twice as I incorrectly put the wrong reg in. I was in the car park before 9:30 which therefore allows you 12 hours parking for £3.50. I actually paid 2 x £4 so £8 in total so NCP didn’t actually suffer any loss. I have now received a debt recovery letter asking for £160. This is all disproportionate I feel. What rights to challenge do I have if any please?
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: southport train station NCP car park
JA: Do you need to appear in court?
Customer: Debt recovery are suggesting so if I don’t pay by 19 november
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Pretty much all that I have written above is explanatory

Hello welcome to Just Answer. I will be happy to assist you today. Please be aware this is not a chat service so there may be delays in responding.

Customer: replied 6 days ago.
Thank you

When did this alleged offence occur? And who is the issuer?

Customer: replied 6 days ago.
30 July NCP issued notice on 22 August and Trace debt recovery issued demand on 5 November

Thank you. I get off work shortly and will provide a response to you. Thank you for your patience.

This is a private land fine. NCP are quite court shy. The PCN will essentially be for a breach of contractual terms which will enable them to recover their loss of income. They are entitled to recover this. However the uniqueness of your case is they have not incurred a loss therefore I am unsure of what they are trying to recover. This has now turned into them charging you £160 for not displaying a ticket, and this is quite ludicrous. This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Ensure you do not pay them a penny.

NCP are a member of the British Parking Association so you should appeal by submitting it through POPLA which is located here http://popla.co.uk/ If you are successful then all the charges will get dropped. If you are not, then they will ask you to pay but still do not pay.

This is when you will receive a lot of threatening letters from debt recovery agents about court. Do not panic or be intimidated by this. Do not respond to them. It is unlikely to proceed to court because the cost of doing so far outweighs the benefits. Majority of cases do not go to court.

Only respond to them if you ever received court proceedings. If the matter did go to court, you have excellent grounds to defend it. In the worst case scenario you lose, and will only be liable for the original fine anyway plus about £25 in court fees and as long as this is paid off within 28 days it will not appear on your credit file. The best case and likely scenario is you win and they have just wasted their time and money.

I hope I have helped and would be grateful for a positive rating. Please let me know if you have any further questions. Kind regards, John

Customer: replied 6 days ago.
Thank you for putting my mind at ease and offering excellent advice. Enjoy your weekend

My pleasure, happy to help. Please return to the site if you require more assistance . If you note my name before the question, it will flag it up for me to answer. Do not forget to leave a rating by clicking the stars above, thank you, John.

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