Norfolk Parking Enforcement

johndaye

Hello Coupon-mad.

As they have started to make the case against themselves I guess I'll let them carry on. When the next letter arrives I will post it here.

Thank you.

JD

Coupon-mad

OK, as long as you are happy to ignore a whole lot of letters over the coming months. Because you cannot use POPLA later, you'd need a code now from the PPC to use that method of cancelling the thing. If you fancy ignoring and laughing at them then join the club, we've all done that with one PPC or another!

johndaye

Coupon-mad.

I am happy to ignore the letters that could follow. To be honest the main reason for taking that path is time. Why should I waste it on them. However if it would benefit anyone here I will go down the POPLA route if just to show that NPE are no better than the rest and cost them £27 into the bargain.

JD

johndaye

Hello all again.

Have just been re-reading the Formal Demand I posted here on the 18/4/13. One line has just leaped out at me:-

"Appeals will only be considered if, the owner/driver declaration is completed, and made in writing."

Surely this is in breach of something (guidelines etc.) as it gives you no chance to appeal without declaring who the driver was. Having seen advice on appealing without declaring what would be the advice if I did decide to appeal to NPE?

Legally I suspect it has no legs but is it another stick to hit them with?

Regards

JD

Coupon-mad

Well they are allowed to 'invite' you to say who was driving - and if you don't tell them, then (under the POF Act 2012) they can under certain circumstances fall back on 'registered keeper liability':

http://www.parkingcowboys.co.uk/keeper-liability/

But I can't see this bunch getting the procedures and deadlines and notices right!

johndaye

Hello.

Have been watching the forum since my last post a couple of weeks ago and it seems that appealing is starting to be advised more than ignore.

With that in mind I have decide to get information from here and other forums and come up with this:

Dear sir,


RE: PCN **********.

I am writing in regard to the above mentioned PCN dated **/**/**** and the Formal Demand/ Notice to Keeper you have sent me as the registered keeper of the vehicle.

This notice is in breach of The Protection of Freedoms Act 2012.

The alleged offence took place on the **/**/****. The Formal Demand/ Notice to Keeper was post marked **/**/**** an the Notice dated **/**/****.

Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.

A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either
1. (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver.


As I received the Formal Demand/ Notice to Keeper in excess of 130 days after the Notice to Driver this makes it invalid and unenforceable.

I therefore demand you cancel this notice and confirm in writing within 10 days of receipt of this letter.

Yours sincerely.



Will this do to get a rejection and a POPLA code if they refuse to cancel? I will be sending it by email contrary to there instructions for appeals as I do not see why I should pay for a stamp!!!

Thank you for reading.

JD

nigelbb

If you send by email contrary to their instructions they may claim never to have received your challenge. A 1st class stamp & free certificate of posting will give peace of mind that they cannot wriggle out that way.

You need to change the wording a little. You are all but admitting that you were the driver. As the registered keeper (but not the driver) the first you have heard of this parking charge is the NTK so you don't know anything about a NTD or who the driver was do you? Refer to the date of the claimed contravention rather than when the NTD was left on the car.

johndaye

nigebb

Thank you for your quick reply.

The NTK does say a PCN was issued to the vehicle on **/**/**** so I thought that would be OK.

But here is Mk2:


Dear sir,


RE: Formal Demand/ Notice to Keeper for PCN **********.

I am writing in regard to the Formal Demand/ Notice to Keeper as the registered keeper of the vehicle mentioned in the above notice.

This notice is in breach of The Protection of Freedoms Act 2012.

The alleged offence took place on the **/**/****. The Formal Demand/ Notice to Keeper was post marked **/**/**** and the Notice dated **/**/****.

Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.

A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either
1. (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver.


As I received the Formal Demand/ Notice to Keeper in excess of 130 days after the alleged contravention this makes it invalid and unenforceable.

I therefore demand you cancel this notice and and confirm in writing within 10 days of reciept of this letter.

Yours sincerely.



As for posting I will do both just to make sure.

JD

nigelbb

It's not in breach of POFA 2012. It doesn't comply with what is laid down in Schedule 4 of POFA 2012 as prerequisites before a registered keeper may be held responsible for an unpaid parking charge.

I would also say "strict time limits"

johndaye

nigelbb

Thank you for your time and patience.

Mk3:....

Dear sir,


RE: Formal Demand/ Notice to Keeper for PCN **********.

I am writing in regard to the Formal Demand/ Notice to Keeper as the registered keeper of the vehicle mentioned in the above notice.

This notice does not comply with the strict time limits of The Protection of Freedoms Act 2012.

The alleged offence took place on the **/**/****. The Formal Demand/ Notice to Keeper was post marked **/**/**** and the Notice dated **/**/****.


Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.

A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either
1. (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver.


As I received the Formal Demand/ Notice to Keeper in excess of 130 days after the alleged contravention this makes it invalid and unenforceable.

I therefore demand you cancel this notice and and confirm in writing within 10 days of receipt of this letter.

Yours sincerely.



JD