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  • FIRST POST
    • Ambsambs
    • By Ambsambs 9th Feb 17, 6:27 PM
    • 10Posts
    • 9Thanks
    Ambsambs
    Notice to Keeper issued after 20 days
    • #1
    • 9th Feb 17, 6:27 PM
    Notice to Keeper issued after 20 days 9th Feb 17 at 6:27 PM
    Hello,

    I received a letter today from Sheild Security stating they have received my details from the DVLA as I was the registered keeper of the vehicle specified at the time of the parking incident shown.

    However, the incident occured on 17/01 and I received this letter today (07/02).

    I have read that if the Notice to Keeper was not issued within 14 days then the charge is not enforceable. Is this true? If it is what should I write in my letter back to the parking company?

    TIA
Page 2
    • Guys Dad
    • By Guys Dad 16th Feb 17, 8:18 PM
    • 10,065 Posts
    • 9,154 Thanks
    Guys Dad
    I like this clear letter.

    Personally, I would have added that what the PPC is claiming is mitigating circumstances and draw POPLA's attention to their own web site.
    If you have appealed to POPLA on the grounds of mitigating circumstances (a reason beyond your control that prevented you from fulfilling the Terms and Conditions of the parking contract), it is less likely that your appeal will be successful. This is because POPLA is not able to allow an appeal for mitigating circumstances. In the event that the assessor finds a mitigating circumstance to be the reason for the parking charge being issued, the assessor can request the parking operator to consider this, but cannot enforce it. If a parking operator has already rejected your appeal based on the mitigating circumstance you plan to bring to POPLA, it is unlikely it will agree to it the second time around.
    It would hardly be fair for POPLA to allow PPCs mitigation whilst denying it to drivers.
    Last edited by Guys Dad; 16-02-2017 at 8:21 PM.
    • Umkomaas
    • By Umkomaas 16th Feb 17, 8:28 PM
    • 14,057 Posts
    • 22,087 Thanks
    Umkomaas
    I have a 2000 word limit as I am appealing online so had to cut a bit out of the #3 post.
    You do if you copy and paste the appeal into the appeals dialogue box, but, if you convert your document to a .pdf file and attach it, you can send them 'War and Peace', and without limit. Post it under 'Other', just put a short sentence 'Please see attached appeal for POPLA Reference xxxxxxxxx', or words to that effect in the dialogue box. Simples!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Ambsambs
    • By Ambsambs 16th Feb 17, 8:51 PM
    • 10 Posts
    • 9 Thanks
    Ambsambs
    I have changed the first paragraph as you suggested Guys Dad -

    "The Operator states that "DVLA delays prevented the NTK been produced within 14 days". However, evidence submitted by the operator clearly shows details were requested and responded to in 4 days by the DVLA. It was the operator's own fault the NTK was not sent out in time to conform to POFA 2012, as it took them 15 days from receiving my details as the keeper to send the NTK through the post. Also, these are mitigating circumstances, as stated on the POPLA website "POPLA is not able to allow an appeal for mitigating circumstances. In the event that the assessor finds a mitigating circumstance to be the reason for the parking charge being issued, the assessor can request the parking operator to consider this, but cannot enforce it." It would not be fair for POPLA to allow Operators mitigation whilst denying it to drivers."

    There is no option to attach a PDF, I think I have gone past that stage as I am now responding to the Operator's response so I'm capped at 2000 words
    • Coupon-mad
    • By Coupon-mad 16th Feb 17, 9:07 PM
    • 49,037 Posts
    • 62,495 Thanks
    Coupon-mad
    Go for it. POPLA would be stupid not to allow an appeal from a keeper when POFA has not been met.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Ambsambs
    • By Ambsambs 16th Mar 17, 8:57 PM
    • 10 Posts
    • 9 Thanks
    Ambsambs
    Update: POPLA have accepted my appeal!!
    • Umkomaas
    • By Umkomaas 17th Mar 17, 6:24 AM
    • 14,057 Posts
    • 22,087 Thanks
    Umkomaas
    Update: POPLA have accepted my appeal!!
    Originally posted by Ambsambs
    Any more details on why the appeal was successful - it will help us advise others who fall foul of this PPC.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
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