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NTK and Roxburghe letter at 90+ days

padders72
padders72 Posts: 9 Forumite
edited 23 November 2013 at 4:07PM in Parking tickets, fines & parking
Hi all

I have just simultaneously received a NTK from Elite and a Roxburghe debt collector letter for a ticket I received about 90 days ago. According to the Protection of Freedoms act, shouldn't the NTK have arrived within 56 days? Am I clutching at straws or do I have a case here? I resent the ticket since it was issued when I was parked in my own rented space in my work car park on a day when I forgot to put the damn pass in the widow. I did appeal on those grounds to Elite enclosing a copy of the valid pass but they knocked it back and I think i am now too late to go to Popla (and probably don't have grounds anyway). Am I reading the time limit correctly and if so what do I do next. Can I ignore it as suggested elsewhere?

All advice gratefully received even if it is 'pay up and stop moaning'!
«1

Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    You appealed this yes? Did you do that as a driver or registered keeper? Did you get a popla verification code on that rejection ?
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Umkomaas
    Umkomaas Posts: 43,601 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did you appeal to Elite after the issue of a windscreen ticket (as the driver)?

    When they turned down your appeal, did they issue you with a POPLA code?

    Does the NtK mention the Protection of Freedoms Act and the fact they are now pursuing the Registered Keeper?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas
    Umkomaas Posts: 43,601 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    S&U - simultaneous thinking and replying :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Stroma wrote: »
    You appealed this yes? Did you do that as a driver or registered keeper? Did you get a popla verification code on that rejection ?

    Hi

    Thanks for the response. I sent a copy of my parking permit and the ticket but didn't state whether I was acting as driver or keeper. They did reply with a Popla code but it was more than 28 days ago. Can I still use it?

    Cheers
  • Umkomaas
    Umkomaas Posts: 43,601 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    POPLA are very strict on the 28-day rule. How far past are you?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas wrote: »
    Did you appeal to Elite after the issue of a windscreen ticket (as the driver)?

    When they turned down your appeal, did they issue you with a POPLA code?

    Does the NtK mention the Protection of Freedoms Act and the fact they are now pursuing the Registered Keeper?

    Hi and thanks to you too for your help. Regarding the NTK, I can't see it mention the P of F act anywhere on either the NTK or letter from Roxburhe
  • Umkomaas wrote: »
    POPLA are very strict on the 28-day rule. How far past are you?

    Hi

    19th Sept, so way past. To be honest I was so annoyed that I put my head in the sand rather. If Popla is out, does the fact it took them 90 days to send the papers help at all? The original ticket was 23/8 by the way.

    Cheers
  • Umkomaas
    Umkomaas Posts: 43,601 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    padders72 wrote: »
    Hi

    19th Sept, so way past. To be honest I was so annoyed that I put my head in the sand rather. If Popla is out, does the fact it took them 90 days to send the papers help at all? The original ticket was 23/8 by the way.

    Cheers

    No realistic prospect of this going to POPLA now; the PPC did what was required of them, after rejecting your appeal, in providing a POPLA code.

    The NtK should be issued only if the driver isn't known, but as you've already put your head above the parapet on this by appealing the windscreen ticket, I'm not sure why you're getting a NtK. Are you sure this isn't a reminder to pay the charge? Are you able to scan it and upload it here for us to take a look at?

    The advice is to never respond to a windscreen ticket (unless hire/company car), but always await the NtK. Had you not appealed so quickly, then the 90 days for the issue of the NtK would most certainly have been in your favour, but that's gone I'm afraid.

    The only real option left to you is to continue ignoring the stream of paperwork likely to fall on your doormat. However if you get anything marked as Letter Before County Court Claim or Letter Before Action (or similar) or County Court papers do not ignore these, but get back to us urgently.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 154,317 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    padders72 wrote: »
    Hi

    19th Sept, so way past. To be honest I was so annoyed that I put my head in the sand rather. If Popla is out, does the fact it took them 90 days to send the papers help at all? The original ticket was 23/8 by the way.

    Cheers


    Hang on. Did the Notice to Keeper get sent to exactly the same initials/name as the person who appealed before?

    And when Elite knocked back the first appeal, did they send a POPLA code?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    Hang on. Did the Notice to Keeper get sent to exactly the same initials/name as the person who appealed before?

    And when Elite knocked back the first appeal, did they send a POPLA code?

    Not exactly the same, I guess they got it from DVLA along with the address as the appeal was sent from work. They did send a popla code but I didn't use it.
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