PCN on private land at Dukes92 restaurant in Manchester

Coupon-mad

Respond to the NTK as the registered keeper and state what you said over the phone, that they are too late for registered keeper liability and you have no obligation to supply the driver's name. Tell them you have reported them to the BPA for non-compliance of the late NTK. Also include a couple of appeal points such as there was no genuine loss suffered so the charge is punitive and unenforceable. Finish by demanding the POPLA code.

And then a complaint email to:

[EMAIL="david.m@britishparking.co.uk"]david.m@britishparking.co.uk[/EMAIL]

...send him a copy of their letters and point out the late NTK, well over time.

HTH

JonnyDraper

Thank you!

Guys_Dad

Try working from this

Dear Sirs,

Your ref etc..........

I am the keeper of the above vehicle and I am challenging your PCN on two grounds.

The first is your extortionate charges. The £100 non- discounted charge is totally disproportionate to any pre-estimate of loss that you or your client may have incurred from any alleged parking contravention. I urge you strongly to look at current POPLA decisions on this point when considering the rest of this challenge.

The second is even more outside the rules so to speak.

The Protection of Freedoms Act 2012 is absolutely specific about the time scale that you MUST follow when issuing a notice to owner/keeper. I refer you to the relevant section

9 (4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)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.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

You have failed to adhere to the lawful time period and I am not, therefore, obliged to name the driver or accept the charge.

I invite you to accept this as my formal appeal and either cancel the charge or send me a POPLA code so that I may appeal to the independent adjudicator and you can attempt to convince them that it is all the DVLA'a fault and that your pre-estimate of loss is fair. It's your £27.00

Yours faithfully,


The Keeper

JonnyDraper

Brilliant! Thank you very much GuysDad!