parking outside a Bay

Deepthroat

Hi guys,

First of all I stupidly read old posts which recommended ignoring them until they go away. Doing a little more research means that that isn't really an option.

I've now received the letter since they've retrieved my details from the DVLA. I'm wondering what action to take....

I'm thinking of two appeals actions.... One I did not receive a ticket so how can I pay a fine. I guess they'll show a picture of a ticket on my window. If someone was to take it off is that a reasonable enough arguement?

The later..... There are a number of persons who could have been driving this car. If I don't actually know who was driving the car at the time can I refuse to pay the fine even if it is register to me as the keeper?

Any advise would be greatly appreciated.

AoD

Fortunately you have not received a fine, just an invoice which you do not need to pay. The recommended course of action is only to appeal when you receive the Notice to Keeper anyway so no harm done.

Have a read of the sticky "Newbies! Have you got a private parking ticket? Read this now!!" by Coupon-Mad.

Redx

you havent said if this is a fine by the council or a parking charge by a PPC on private land (which is not a fine)

you have not mentioned if the vehicle was parked on private land or a public highway or council car park

you have not mentioned the name of the company who sent you a letter, or if its an NTK , or wjo the creditor may be

without some details nobody can tell you the answers you seek

if its a PPC you generally will not get away with mitigation no matter how aggrieved you are, or no matter what stories you may seek to use to explain away the charge

AoD

Indeed this is very true. So used to helping people after receiving a "ticket" from a private company, the brain incorrectly jumps to, possibly incorrect, conclusions when it could indeed be a genuine council ticket!

Deepthroat

Sorry guys.
It was a private parking charge on private land. Not a council/ police charge.
They have since emailed me a photograph of my families car which I am the keeper with the parking charge photographed on the window. Somebody has obviously removed it..........................
OK AoD, I'll have a read of this now.
The company was UKCPS

Redx

so they issued a Notice to Driver, or say they did

either way you now have an NTK so now read the newbies sticky threads at the top of the forum and formulate your "soft appeal" to deny the charge (nb:- CHARGE - not FINE) or you can name the driver and leave them responsible

otherwise , YOU are responsible as YOU are the keeper

AoD

And also pay particular attention in C-M's sticky about complaining to the retailer / landowner if that is applicable in your case. It is an easy way to get many of these parking invoices killed off very quickly.

Deepthroat

I've just browsed the newbie sticky. It mentions that they have a MAX of 56 days to send me the NTK which I have recently received. The alleged offence took place late on in September. Surely their time to peruse has expired?
It was 56 days exactly to the day until they dated the NTK to myself. 59 days before I received it..... A long time to remember who was driving the car and not even seeing the ticket that had been removed from my window...

AoD

I have seen conflicting views on whether the NtK needs to be sent within 56 days or received within 56 days. Someone more experienced than me will be able to confirm the exact position. Assuming it does need to arrive with 56 days, then the PPC can no longer pursue the keeper, only the driver. Seeing as you will not be telling them who the driver is, they are stuffed.

I had a "ticket" from OPC and the NtK was sent after 56 days. My appeal to OPC told them I was appealing as the keeper and that their NtK was received out-of-time. They sensibly decided to cancel it rather than losing at POPLA.

The advice will still be the same. Appeal to the PPC as the keeper only, do not admit to being the driver, tell them their charge is a penalty, but emphasise also that the NtK was received out-of-time. Demand they cancel the charge or send you a POPLA code.

nigelbb

The NTK must be delivered no later than 56 days (counting Day 1 as the day after the event). As this NTK was dated 56 days later then it is out of time & the PPC have lost any chance of chasing the keeper so can only chase the driver whose identity is unknown.

From Schedule 4 of POFA 2012 (with my emphasis):-

(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.

Deepthroat

Does the clock stop on a change of address?
I've just spoken to the manager of UKCPS who says that as there was a change of address during the fine that the clock stops....