Fine from Uk parking ltd for being 6 minutes late.

Umkomaas

eemma wrote: »

I'd pretty much forgot about this issue until today, when we received a NTK.

What should we do next?

I had assumed they weren't going to pursue it, I'm also not sure we have the original parking ticket anymore -not sure if we'll need it.

Can you give us:

1. The date the windscreen ticket was attached to your car?
2. The date on the NtK?

Thanks

bod1467

Just what I was thinking - it looks like they are out of time for the NtK?

They must be - we're almost 3 MONTHS since the OP's first post here.

eemma

the date of the ticket on the screen was 21/06/13, the NTK is 17/09/13

Stroma

They are out of time with this, so besides everything else you should do, a complaint to the dvla and bpa is in order, the addresses are below. Enclose a scan of the NtK

aos@britishparking.co.uk
foi@dvla.gsi.gov.uk

You should do a soft appeal to the parking company on any mitigating circumstances you can think of, like the driver didn't see the sign, the driver was shopping so there is no loss to them and so on. Ensure that you ask for a popla code, and tell them that they are out of time with the NtK, schedule 4 of the Protection of Freedoms Act says it must be with you in 56 after parking event.

Umkomaas

Stroma wrote: »

They are out of time with this, so besides everything else you should do, a complaint to the dvla and bpa is in order, the addresses are below. Enclose a scan of the NtK

aos@britishparking.co.uk
foi@dvla.gsi.gov.uk

You should do a soft appeal to the parking company on any mitigating circumstances you can think of, like the driver didn't see the sign, the driver was shopping so there is no loss to them and so on. Ensure that you ask for a popla code, and tell them that they are out of time with the NtK, schedule 4 of the Protection of Freedoms Act says it must be with you in 56 after parking event.

Stroma - would you not just send them a letter saying they've not complied with the deadline dates as prescribed by POPLA, therefore they're out of time (and out of luck) and kill it dead? No further correspondence will be entered into?

bod1467

Maybe depends on whether you want to string them along, then hit them at POPLA when it costs them more money?

Guys_Dad

I would simply write

Dear sirs,

Further to your windscreen ticket dated 21st June 2013 and the 1st letter to owner dated 17th September 2013, you will be aware that the time between these two dates exceeds the maximum time allowed under the Protection of Freedoms Act 2012. The relevant period is 56 days.

You no doubt are aware of that and , unfortunately for you, so am I. This means that you have lost the right to pursue me as keeper and are only permitted to pursue the driver, whose name I am not now obliged to give you.

I invite you to cancel the charge immediately or supply me with a POPLA code so that I may inform POPLA of your failure to follow the legislation and inform them that I was not the driver.

Yours faithfully,


The keeper

Coupon-mad

Guys_Dad wrote: »

I would simply write

Dear sirs,

Further to your windscreen ticket dated 21st June 2013 and the 1st letter to owner dated 17th September 2013, you will be aware that the time between these two dates exceeds the maximum time allowed under the Protection of Freedoms Act 2012. The relevant period is 56 days.

You no doubt are aware of that and , unfortunately for you, so am I. This means that you have lost the right to pursue me as keeper and are only permitted to pursue the driver, whose name I am not now obliged to give you.

I invite you to cancel the charge immediately or supply me with a POPLA code so that I may inform POPLA of your failure to follow the legislation and inform them that I was not the driver.

Yours faithfully,


The keeper

I would do that and also report them to the BPA and DVLA, as per this thread:

https://forums.moneysavingexpert.com/discussion/comment/62837083#Comment_62837083

Just two emails and that's yet another complaint lodged. You never know how close a PPC may be to full sanction points so ALWAYS complain about a late or non-complaint NTK or other breaches.

zzzLazyDaisy

Personally I wouldn't take that approach. While I agree with you on the legal position Guy's Dad, I wouldn't trust any PPC to have any respect for the law, and there is always the risk that the case will still end up in court, and while the defendant *should* win on the PoFA point, it will be a complete PITA, and we all know that the SCC sometimes produces rogue decisions.

So personally, I would still take a pragmatic approach, go down the appeal route, get a POPLA code and see them off there (just my POV).

But at the same time DO complain to BPA and DVLA. There was a thread on here today where a motorist had received an out of time NTK, complained to BPA and the BPA ordered the PPC to cancel the charge. I will have a look for it.

D

EDIT - here it is - see post 15 onwards. The OP reports that she complained to Steve Clarke of BPA, who investigated and got the charge cancelled.

https://forums.moneysavingexpert.com/discussion/4754109

Guys_Dad

zzzLazyDaisy wrote: »

Personally I wouldn't take that approach. While I agree with you on the legal position Guy's Dad, I wouldn't trust any PPC to have any respect for the law, and there is always the risk that the case will still end up in court, and while the defendant *should* win on the PoFA point, it will be a complete PITA, and we all know that the SCC sometimes produces rogue decisions.

So personally, I would still take a pragmatic approach, go down the appeal route, get a POPLA code and see them off there (just my POV).

But at the same time DO complain to BPA and DVLA. There was a thread on here today where a motorist had received an out of time NTK, complained to BPA and the BPA ordered the PPC to cancel the charge. I will have a look for it.

D

EDIT - here it is - see post 15 onwards. The OP reports that she complained to Steve Clarke of BPA, who investigated and got the charge cancelled.

https://forums.moneysavingexpert.com/discussion/4754109

Then combining the two would be the best way forward

Add an appeal about lack of proper signage to the draft letter I wrote

Dear sirs,

Further to your windscreen ticket dated 21st June 2013 and the 1st letter to owner dated 17th September 2013, you will be aware that the time between these two dates exceeds the maximum time allowed under the Protection of Freedoms Act 2012. The relevant period is 56 days.

You no doubt are aware of that and , unfortunately for you, so am I. This means that you have lost the right to pursue me as keeper and are only permitted to pursue the driver, whose name I am not now obliged to give you.

I further contest the charge as the driver reports that the signs were not BPA compliant in size, colour and writing and, as such, failed in their requirements as laid down by POFA and the BPA.

Should you not agree, then I invite you to cancel the charge immediately or supply me with a POPLA code so that I may inform POPLA of your failure to follow the legislation and inform them that I was not the driver.

Yours faithfully,


The keeper