NTK Received After 4 Weeks

BobSmith5 · 7 February 2018 at 7:09PM

Hi all,

I was wondering if I could get some advice on a parking ticket I received. The company is ParkingEye, and they have rejected my initial appeal, so now I have a POPLA code.

The driver had parked in a hotel car park, and used a blue badge. Seems it was not clear that blue badge holders were still required to pay. In any case, the event was on the mid November, and the date of issue is more than three weeks later. However, there is a discrepancy as it also states that the date issued is the nearer Christmas, in the black box with the fine amount. I received the letter on the mid December.

I understand that based on POFA (2012), there is a time limit for when the ticket must be received. Which seems to be 14 days.

Is it possible to win the POPLA appeal based on this? Are there any other considerations I ought to make?

Thank you in advance.

KeithP · 7 February 2018 at 7:16PM

BobSmith5 wrote: »

Is it possible to win the POPLA appeal based on this?

Yes it is.

BobSmith5 wrote: »

Are there any other considerations I ought to make?

Yes.
As well as no keeper liability consider -
Signage
No Landowner Authority

These, and others, are all explained in post #3 of the NEWBIES FAQ sticky/pinned thread.

Also, you need to edit your opening post to remove any clues to the driver's identity.

For example, your second paragraph should perhaps start with something like:

The driver had parked in a hotel car park...

Is your forum username your real name?
If so, you would be wise to get MSE to change it to something more anonymous.
To do that, click on the 'Report' button on your post and ask the MSE Forum Team for their help.

Fruitcake · 7 February 2018 at 7:20PM

Edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper. Hopefully you didn't reveal the driver's identity when the keeper appealed.

Where ANPR is used the NTK must arrive by day 14 for keeper liability to apply. Usually where parking lie fail to meet the deadline you get a NTK with the bit about the POFA missing. I think there is an example of what it looks like in the NEWBIES thread.

If you didn't give away the driver's identity then non POFA compliant NTK will be your winning point at PoPLA.
Use all the template appeal points available to you from the NEWBIES and post your draft appeal here for checking before you send it.

What happened when you complained to the hotel manager?

Umkomaas · 7 February 2018 at 8:04PM

Is there any mention on your NtK of PoFA. Is there a paragraph (usually on the reverse of the NtK) that states <If, after 29 days ...... >?

Please provide info on above.

BobSmith5 · 7 February 2018 at 8:42PM

Hi all,

Thank you for the responses.

I did not reveal the driver when appealing to ParkingEye. I did not contact the hotel manager regarding the fine. I just appealed via ParkingEye's online system. They seemed to generate an automated reply, which did not address the point I made about the NTK being late.

There's no paragraph regarding PFA on my NTK.

One query I have is which is the date I should be going by? They are both outside the 14 day time frame, in any case.

How should I structure the letter?

Thank you again.

Umkomaas · 7 February 2018 at 8:50PM

You seem to have a Golden Ticket (look it up via a forum search) so you can kill it at POPLA.

Have you had your POPLA Code from PE? If so, we will help you develop a winning appeal. Draft something up, using the advice in the NEWBIES FAQ sticky, post #3.

Easy enough, with the right amount of effort on your part. Go for it!

Coupon-mad · 7 February 2018 at 9:00PM

They seemed to generate an automated reply, which did not address the point I made about the NTK being late.

Has that got a POPLA code? Golden tickets (non POFA) are nigh on impossible to lose at POPLA.

KeithP · 7 February 2018 at 9:14PM

BobSmith5 wrote: »

I did not reveal the driver when appealing to ParkingEye.

That's good to hear, but now edit your opening post as suggested earlier.

This is not just petty pedantry. It is known that the PPCs trawl forums like this just looking for people to trip themselves up.

You have a golden ticket - don't throw that away through carelessness.

Just before Christmas I received a PM from a guy who had his PoPLA appeal denied because the PPC could prove that the appellant was the driver. They produced screenshots from this very forum which sunk his golden ticket appeal.

And if you username is your real name... that makes it really easy for them to tie this thread to your PoPLA appeal doesn't it?

BobSmith5 · 7 February 2018 at 10:46PM

Yes, I have a POPLA Code. However, I'm just concerned that I'm missing something. Can I really win this due to the fact that they sent this late?

I have edited out my post to remove the dates. BobSmith is not my real name, either.

Coupon-mad · 7 February 2018 at 10:48PM

However, I'm just concerned that I'm missing something. Can I really win this due to the fact that they sent this late?

100% yes, if you only appealed as keeper. A non-POFA PCN can only hold a driver liable.

KeithP · 7 February 2018 at 10:51PM

I think you need to re-read what I posted earlier:

KeithP wrote: »

Also, you need to edit your opening post to remove any clues to the driver's identity.

For example, your second paragraph should perhaps start with something like:
The driver had parked in a hotel car park...

NTK Received After 4 Weeks

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