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NCP popla appeal help

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pinkhaze
pinkhaze Posts: 26 Forumite
edited 16 December 2017 at 11:28PM in Parking tickets, fines & parking
Hello.
The driver parked to meet me for lunch and paid £2.50 for 3 hours parking. The driver didn't realise until arriving back to the car that the 50p had not registered so only had an hours worth of parking. This would have been ok but i fell over so we were late going back so received a windscreen pcn.
When the driver got back to the car another person was also having trouble with the machine in that it wasn't registering 50p.
Appealed online using the blue template and have now received the popla code.
I have some questions regarding the appeal:
1. Do I mention the machine was not registering the money?
2. The sign at the entrance is large, but on poles and quite high and states the pcn charges. There are t&c by the pay machine but no other signs anywhere in the car park. The signs that were on display couldn't be seen where parked. Do I put everything from the template in the appeal regarding signage?
3. The NTK hasnt arrived yet so am unsure what to put yet. Day 56 is the latest for this to be received and is 3 days before the popla appeal has to be submitted, assuming I have 28 days from the date of the appeal rejection from NCP. I have found wording for no NTK received but as yet nothing for when/ if it has arrived.
4. So I also put Landowner Authority and something mentioning the operator has not shown that the individual it is pursuing is in fact liable for the charge?
Thank you
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
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    Now you appealed why would you get a NTK?


    In what capacity did you appeal?
  • pinkhaze
    pinkhaze Posts: 26 Forumite
    edited 15 December 2017 at 11:53PM
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    I thought the ppc had to also send a NTK by post. Is this not correct?

    I used the template on the newbies thread exactly as it is and starting with "I challenge this pcn as keeper of the car" and signed the keepers name and address and put underneath - The driver is not identified.
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Yes, if they want to use pofa they have 56 days to send it.


    Your post is a little confusing, as to who sent the appeal in


    Whatever the status of the appellant, you need to edit your post to remove all the details of who was driving and the appellant's role
    The ppcs monitor this forum and can use your posts against you
  • claxtome
    claxtome Posts: 628 Forumite
    First Post Combo Breaker First Anniversary
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    Have a read of this thread. Even though doesn't include a POPLA appeal it should help give you some defensive arguments:
    http://forums.moneysavingexpert.com/showthread.php?t=5572811&highlight=10p

    Hopefully £2 is a lot more than the 1 hour parking rate so will give you an argument "why did I pay £2 when it only costs £xx for 1 hour" etc

    Hopefully you will find some POPLA appeals for your case in post #3 of NEWBIEs thread.
  • pinkhaze
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    Thank you Quentin, I will amend my post. If they don't use pofa and therefore don't send the NTK then I use no keeper liability and will win?

    Am I right in thinking that if they do use pofa and send the NTK then I can't use no keeper liability but need to check that it is all correct and on time?

    Claxton, thanks for this, I will read and amend for my appeal.
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
    Name Dropper First Post Photogenic First Anniversary
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    The NTK hasnt arrived yet so am unsure what to put yet. Day 56 is the latest for this to be received and is 3 days before the popla appeal has to be submitted, assuming I have 28 days from the date of the appeal rejection from NCP.

    So submit your POPLA appeal on the last day. Obviously NCP will not have time to serve a NTK on you!
    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
  • pinkhaze
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    Thank you coupon-mad. There is some time before the 56 day time limit is up re the NTK and then i have only 2 days after this before the popla code runs out. I wanted to get the popla appeal ready for submission so I can enjoy Xmas.

    Just wondering why you said "obviously NCP will not have time to serve a NTK on me"
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    edited 19 December 2017 at 12:40AM
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    Because POPLA codes work for just over 30 days, not 28, and of course the POPLA appeal goes to POPLA first.

    So by the time a person at NCP sees your appeal and gets around to reading it, having received their daily/weekly online 'appeal' pile from POPLA, they won't be able to get a NTK to land on your doormat anything like within the time left, of any.

    Your case will be like this one:

    http://forums.moneysavingexpert.com/showthread.php?t=5757895

    No NTK, no keeper liability. The simplest trick in the book to win at POPLA.
    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
  • pinkhaze
    pinkhaze Posts: 26 Forumite
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    Thank you Coupon-mad. The NTK has not arrived and today was the last day. I will be appealing using no NTK; the operator has not shown that the individual who it is pursuing is in fact liable for the charge; no landowner authority; and signage, all as per the Newbies templates.


    Thank you to you all and I will let you know the result.
  • pinkhaze
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    Hello
    SUCCESS!
    I have received an email from popla, 2 weeks after submitting my appeal, as follows:

    Thank you for submitting your parking charge appeal to popla.
    An appeal has been opened with the reference xxx
    NCP Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

    Thank you to everyone for your advice and all the regulars with their vast knowledge.
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