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Paul-T951
Posts: 57 Forumite
Hi, I’ve read the newbies thread but am not sure what to do next. A PCN was stuck to my partner’s car window in a hospital car park but was ignored until recently when a NTK was received. The NTK was received 96 days after the NTD - far longer than the required 56 days. We responded with the following e-mail:
As registered keeper I wish to appeal this PCN. The notice to keeper arrived 96 days after the alleged event. The alleged event was documented as taking place on 05/10/17. The Notice to keeper was dated 04/01/18 and was received on 08/01/18. As members of the BPA you comply with POFA 12 which requires that if you wish to hold the keeper liable the notice must be served not earlier than 28 days after, and not later than 56 days after the service of that notice to driver. Therefore as keeper I am not liable for this charge. In addition, POFA states that the period the car was parked must be present in the notice to keeper, which was not included in this instance.
For these reasons I must demand that this notice be cancelled.
Yours faithfully
The following note has now been received back:
Good afternoon
Thank you for your recent online submission.
On this occasion, our client is not relying on the Protection of Freedoms Act 2012 to pursue this Parking Charge Notice. If you were not the driver of the vehicle at the the time of the event, Please provide the full name and address of the driver so that liability can be transferred.
The account has been placed on hold for 14 days for your response.
Yours sincerely
What is the next course of action please? Hoping someone can help and apologies if I’ve missed something in the newbies thread.
Many thanks,
Paul
As registered keeper I wish to appeal this PCN. The notice to keeper arrived 96 days after the alleged event. The alleged event was documented as taking place on 05/10/17. The Notice to keeper was dated 04/01/18 and was received on 08/01/18. As members of the BPA you comply with POFA 12 which requires that if you wish to hold the keeper liable the notice must be served not earlier than 28 days after, and not later than 56 days after the service of that notice to driver. Therefore as keeper I am not liable for this charge. In addition, POFA states that the period the car was parked must be present in the notice to keeper, which was not included in this instance.
For these reasons I must demand that this notice be cancelled.
Yours faithfully
The following note has now been received back:
Good afternoon
Thank you for your recent online submission.
On this occasion, our client is not relying on the Protection of Freedoms Act 2012 to pursue this Parking Charge Notice. If you were not the driver of the vehicle at the the time of the event, Please provide the full name and address of the driver so that liability can be transferred.
The account has been placed on hold for 14 days for your response.
Yours sincerely
What is the next course of action please? Hoping someone can help and apologies if I’ve missed something in the newbies thread.
Many thanks,
Paul
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Comments
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Ps the parking company is ZZPS0
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Ps the parking company is ZZPS
No it’s not. ZZPS are debt collectors, not a PPC.
Which PPC is shown on the windscreen ticket?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Ah ok, it was actually issued by the hospital, Leeds teaching hospitals.0
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A non-compliant POFA 2012 Schedule 4 NTK means as long as the driver is not named they can't chase the keeper for the PCN.
Be very careful not to let it slip who the driver is.0 -
Nothing yet, let them have it 'on hold'!What is the next course of action please? Hoping someone can help and apologies if I’ve missed something in the newbies thread.
Leeds Teaching Hospitals are a BPA AOS member:
http://www.britishparking.co.uk/BPA-Approved-Operators
so they must send you a rejection letter and POPLA code (they are entitled to invite you to name the driver but also, YOU are entitled to say get lost, or ignore the 'request' and wait for the POPLA code soon).
I would do nothing except, use the time to research and read other POPLA appeals talking about the NTK being received outside the 56 day period, meaning that if you are the registered keeper (not hirer/lessee?) then you can't be held liable. Your POPLA appeal will be much longer than the first appeal, see post #3 of the NEWBIES sticky to get yourself ahead of this little game.
The keeper will win if they appeal to POPLA next month, pointing out the non POFA PCN, but it's fun to hit them with the entire gamut of POPLA appeal standard wording, to make sure Leeds Teaching Hospital just give up. They will.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Ok thanks for the reply, so just do nothing and wait for them to contact us again? And if they don’t offer a POPLA code we should request one? TIA0
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They are required to give you a POPLA Code in order to comply with the BPA Code of Practice, which the highest court in the land (The Supreme Court) in the ParkingEye v Barry Beavis case, stated that it was ‘effectively binding’ to enable the PPC to have access to the DVLA registered keeper database.And if they don’t offer a POPLA code we should request one
If they don’t supply it, you don’t go begging them for it - you complain in the strongest possible terms to the BPA and the DVLA.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
No need for the question mark, it's been said already!Ok thanks for the reply, so just do nothing and wait for them to contact us again?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Just for information purposes;
https://www.whatdotheyknow.com/request/397594/response/971085/attach/html/3/17%200177%20Car%20parking.doc.html0 -
@bergkamp - you’re a great addition to the regular team here.
I presume you are an Arsenal fan :doh: Don’t tell Coupon-mad!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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