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CM Services Ltd

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  • vickybarbie86
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    Sorry, have (hopefully!) rectified :-)
  • SteveNotts
    SteveNotts Posts: 35 Forumite
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    Well 3 1/2 months later I have just received the notice to keeper.

    Can you please refresh my memory on what to do next please.

    Thanks in advance

    Steve
  • bazster
    bazster Posts: 7,436 Forumite
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    SteveNotts wrote: »
    Well 3 1/2 months later I have just received the notice to keeper.

    Can you please refresh my memory on what to do next please.

    Thanks in advance

    Steve

    :rotfl: Just read the Newbies thread again!
    Je suis Charlie.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    Interestingly, the POPLA web site has just published its latest report from the chief adjudicator http://www.popla.org.uk/AnnualReport.htm

    This may be of interest.
    POPLA will consider a valid appeal if the operator was a member of the BPA Approved Operator Scheme at the date of the disputed parking event. To do otherwise would leave an appellant with no recourse.

    However, since it may be several weeks before a matter comes to be determined at POPLA, should the operator have for any reason left the BPA in the meantime, the BPA may have no effective sanction


    This is near the end of the report and is under the OPERATORS REPORTED TO THE BPA section, but the words seem to apply equally to BPA members who have left.
  • SteveNotts
    SteveNotts Posts: 35 Forumite
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    Hi

    Thanks for replies.

    I will have a read through the stickies in conjunction with the ticket tomorrow.

    Does the fact they have taken so long to send the NTK matter? I see 29-56 days mentioned? Is this just a guide or a time limit?

    Cheers

    Steve
  • Redx
    Redx Posts: 38,084 Forumite
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    its a compliancy for POFA 2012 , so if its outside that time limit they can only pursue the driver ( and you have no obligation to tell them those details and may not remember who it was ;) )

    they have up to 6 years to bring a claim for an invoice
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    SteveNotts wrote: »
    Hi

    Thanks for replies.

    I will have a read through the stickies in conjunction with the ticket tomorrow.

    Does the fact they have taken so long to send the NTK matter? I see 29-56 days mentioned? Is this just a guide or a time limit?

    Cheers

    Steve

    Nope, it's most certainly not a 'guide', it is, in fact, THE LAW if they wish to invoke Keeper liability. They are 'timed out' on this and can only pursue 'the driver', and if they don't know who he/she was, they are (legally) in a bit of a hole. So don't go revealing who the driver might have been - you are under no obligation to do so; don't be pressurised!

    But you're not necessarily dealing here with the sharpest of legal minds, so they will plough on regardless pursuing the RK - the likelihood being they have little or no understanding of what PoFA 2012 means in this context.

    So this is going to be a main plank of your appeal (and the IAS should understand the issue), but you do also need some other appeal points too (see NEWBIES sticky post #3 about POPLA/IAS appeals), but please don't go writing (or copying) an appeal of War and Peace magnitude!
    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 Street
  • SteveNotts
    SteveNotts Posts: 35 Forumite
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    Hi

    I now have the ticket and NTK together.

    I have read the newbies thread several times but am a little unsure where to start :-(. None of the appeal templates seem to match my exact situation?

    My main appeal is

    1)The signs having the wrong body on at the time (I have a photo) says BPA members and weren't at the time of the ticket issue.

    2) NTK dated 3 1/2 months after the offence date!

    Any help or links to help would be appreciated.

    Thanks

    Steve
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    First Anniversary Combo Breaker Mortgage-free Glee!
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    Appeal as per post 1 of the newbie thread but adding point d
    D) the registered keeper is not liable as he/she was issued with a non compliant NTK which was outside the time frame demanded by law.

    And for point 5 in the second half, demand a POPLA code as per this information:

    The situation now is, all parking charges issued when an operator is a member of the BPA should be able to use POPLA to appeal. This is the official viewpoint of the BPA clarified by Steve Clark.

    There are no other appeals in post 1. I think you are getting yourself confused with the later POPLA appeal. But you haven't got there yet!
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    As Dee says there is only ONE first appeal template (apart from a shortened version of the same thing)!
    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 THREAD
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