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  • FIRST POST
    • zachrox
    • By zachrox 30th Nov 17, 6:12 PM
    • 4Posts
    • 1Thanks
    zachrox
    Notice to Keeper came 102 days after PCN issued
    • #1
    • 30th Nov 17, 6:12 PM
    Notice to Keeper came 102 days after PCN issued 30th Nov 17 at 6:12 PM
    What should I do in this situation?

    They are an IPC operator and as stated in the Title, left it over 100 days before issuing a Notice to Keeper; In which the letter says

    "A Parking Charge Notice (Notice to Driver) was affixed to the windscreen of the vehicle at the time of issue".

    I can tell you for a fact that they didn't leave it on my windscreen but on my seat (Moped) is this also grounds for an appeal as the letter has incorrect information on?

    The letter checks out, mostly.

    What should I do from here? There is no deadline for the payment mentioned in the NTK.

    Kind Regards,.

    Zachary Price.
Page 1
    • Guys Dad
    • By Guys Dad 30th Nov 17, 6:15 PM
    • 10,253 Posts
    • 9,388 Thanks
    Guys Dad
    • #2
    • 30th Nov 17, 6:15 PM
    • #2
    • 30th Nov 17, 6:15 PM
    Read POFA 2012 for timescales a PPC must adhere to and then tell them you are the keeper, not the driver/rider and decline to name the rider. Refer them to POFA 2012 - the relevant section - and tell them they are out of time.

    Pad it out with relevant dates etc and NEVER use the word "I".
    • Redx
    • By Redx 30th Nov 17, 6:16 PM
    • 16,923 Posts
    • 21,045 Thanks
    Redx
    • #3
    • 30th Nov 17, 6:16 PM
    • #3
    • 30th Nov 17, 6:16 PM
    under POFA2012 they are out of time

    use the black text template from the NEWBIES sticky thread to appeal as KEEPER (do not reveal who was driving)

    add a paragraph to indicate that the NTK has failed POFA2012 due to the length of time taken to issue it

    at no time reveal who was driving
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • zachrox
    • By zachrox 30th Nov 17, 6:23 PM
    • 4 Posts
    • 1 Thanks
    zachrox
    • #4
    • 30th Nov 17, 6:23 PM
    • #4
    • 30th Nov 17, 6:23 PM
    Should I mention that iPOFA 2012 States that a NTK should contain evidence supporting the PCN?

    Schedule 8 paragraph 7, referencing paragraph 10 which states:
    "The appropriate national authority may by regulations made by statutory instrument prescribe evidence which must accompany a notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) or paragraph 6(1)(b) (as the case may be)."

    FYI, no evidence came with NTK.
    Last edited by zachrox; 30-11-2017 at 6:25 PM.
    • Redx
    • By Redx 30th Nov 17, 6:26 PM
    • 16,923 Posts
    • 21,045 Thanks
    Redx
    • #5
    • 30th Nov 17, 6:26 PM
    • #5
    • 30th Nov 17, 6:26 PM
    you may quote POFA2012 if you so wish

    whatrever you say or do, make sure it is done from the KEEPER`s perspective

    bear in mind this is a paper exercise , the PPC is unlikely to cancel and have 6 years to try a court case using MCOL
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • zachrox
    • By zachrox 30th Nov 17, 6:32 PM
    • 4 Posts
    • 1 Thanks
    zachrox
    • #6
    • 30th Nov 17, 6:32 PM
    • #6
    • 30th Nov 17, 6:32 PM
    Should I try and appeal or just email? bearing in mind I'm way past the appeal date?
    • KeithP
    • By KeithP 30th Nov 17, 6:36 PM
    • 4,757 Posts
    • 3,107 Thanks
    KeithP
    • #7
    • 30th Nov 17, 6:36 PM
    • #7
    • 30th Nov 17, 6:36 PM
    Should I try and appeal or just email? bearing in mind I'm way past the appeal date?
    Originally posted by zachrox
    Yes.

    If nothing else, it shows that you are willing to engage.

    Expect the appeal to be refused.

    In view of the lateness, I wouldn't bother adding anything to the appeal template. Just send it as it is. It isn't worth any more effort.
    .
    • Redx
    • By Redx 30th Nov 17, 6:51 PM
    • 16,923 Posts
    • 21,045 Thanks
    Redx
    • #8
    • 30th Nov 17, 6:51 PM
    • #8
    • 30th Nov 17, 6:51 PM
    appeal as KEEPER using an approved method listed on their postal notice

    if sending a letter, get a free certificate of posting from the P O Counter
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • zachrox
    • By zachrox 30th Nov 17, 6:58 PM
    • 4 Posts
    • 1 Thanks
    zachrox
    • #9
    • 30th Nov 17, 6:58 PM
    • #9
    • 30th Nov 17, 6:58 PM
    Dear *******************

    PCN: ***********

    I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

    1. Who is the party that contracted with your company and are they the landowner?
    2. Is your charge based on damages for breach of contract? Answer yes or no.
    3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
    4. Please provide all photographs taken of this vehicle.
    5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

    Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

    Should you have obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

    Under the Protection of Freedoms Act 2012, Schedule 4, Section 8, Paragraph 5. Which states:

    "The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."

    You have not sent the Notice to Keeper within the relevant period as over 100 days have passed. I therefore demand that you cancel the Parking Charge Notice, immediately.

    I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,

    *************************
    • Guys Dad
    • By Guys Dad 30th Nov 17, 9:23 PM
    • 10,253 Posts
    • 9,388 Thanks
    Guys Dad
    You have not sent the Notice to Keeper within the relevant period as over 100 days have passed. I therefore demand that you cancel the Parking Charge Notice, immediately.

    I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.


    Change to
    You have not sent the Notice to Keeper within the relevant period as over 100 days have passed. You have, therefore, lost the right to pursue me as the Registered Keeper of the vehicle. I have no obligation to name the driver at the time and decline to do so.

    I deny liability for any sum at all and you must consider this letter a formal appeal and, in addition, a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply canceling the charge, which you must know stands no chance of winning in court.

    You might also wish to add. "But if you wish to pursue this, no doubt paying large sums to Gladstones for a bringing a hopeless case as well as picking up my costs as well, then bring it on."
    Last edited by Guys Dad; 30-11-2017 at 9:28 PM.
    • ixworth
    • By ixworth 1st Dec 17, 9:20 AM
    • 38 Posts
    • 8 Thanks
    ixworth
    If the name in your original post is your real name, I'd probably remove it.
    • nosferatu1001
    • By nosferatu1001 1st Dec 17, 11:31 AM
    • 1,166 Posts
    • 1,204 Thanks
    nosferatu1001
    Guys Dad - for it to be a S10 it needs to specify why they need to cease processing

    I would amend to

    I deny liability for any sum at all and you must consider this letter a formal appeal and, in addition, a Section 10 Notice under the DPA. Your baseless correspondence is causing significant distress and further contact will constitute harassment under the Protection from Harassment Act. In order to remedy this you are ordered to cease processing my data, and you are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply cancelling the charge, which you know has no reasonable prospect of success at court.
    • N.C
    • By N.C 1st Dec 17, 1:51 PM
    • 4 Posts
    • 0 Thanks
    N.C
    Hi,
    I am new to this. Ive looked on the newbies page but cant seem to find my specific situation.
    Date of contravention 11.10.17

    The DRIVER parked in an all day car park which charges £3.20 (through an app) for any period between 8am to 11pm. THE DRIVER arrived at 13:18 and left at 15:16. THE DRIVER left without paying however THE DRIVER did pay through the app on the same day at 6pm.

    THE DRIVER was in a courtesy car at the time and therefore the first Notice To Keeper was sent to the garage 17.10.17

    They told them it was me and gave them my name and address to which Britania Parking sent a Notice to Driver/Hirer 28.11/17

    The Charge has now been increased to £100.

    THE DRIVER tried appealing online but it says it cant be done.(presume because it has passed the 29 days from the contravention?)

    Although the garage named me as driver, there are other people on the insurance that were able to drive it.

    Any help would be deeply appreciated
    Last edited by N.C; 01-12-2017 at 2:48 PM.
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