NTK and Roxburghe letter at 90+ days

padders72

Umkomaas wrote: »

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.

I would rather not scan it as I would have to redact half the letter but the letter clearly says in a red box Parking Charge Notice - Notice to Registered Keeper. In a paragraph in bold near the bottom it states that they 'were not aware of the name and current address of the driver at the time of the incident'. In my appeal email I didn't use my home address and I didn't categorically say who was driving so perhaps that is why they have used this.

Thanks for your advice, I am determined to go all the way with this since I really believe I have done nothing wrong and have certainly not incurred the land owner any cost since I already pay monthly for the space. I realise that this may be no defence in court but there we are.

Coupon-mad

So try an appeal anyway, like in the 'newbies' sticky thread where I tell people to 'try an appeal anyway'! Links there to examples of wording. Write in the name of the registered keeper EXACTLY AS PER THE NTK, replying to the Notice to Keeper ONLY and not mentioning the ticket nor the previous email.

Use different words than the original email; write as the keeper about their NTK being sent too late for POFA2012 and that you are not liable and their charge is not justified as you have seen no evidence of any loss.

See what you get back from them. A keeper is entitled to respond to a NTK. You never know, they might treat it as a new appeal and send you (as keeper) another POPLA code but if not then at least you have rebutted their NTK and stated why you are not liable as keeper, which is good enough at this stage as a response.

padders72

Thanks I will do just that and see if I can at least get the popla clock reset.

Coupon-mad

Obviously don't mention that possibility at all nor the previous appeal nor POPLA code. You are writing this as the keeper, afresh. I doubt you will get a POPLA code but it's worth a response from you anyway as it's better than ignoring it.