UKCPS - no notice to driver

Sammyb1000

Hello everybody,

I have spent some time reading through all the guidance on this forum but have a couple of queries.

I received the NTK letter today from UKCPS however it states "....is required to pay a parking charge which was fixed the vehicle..."

There was no notice to driver affixed to the vehicle. Can I include this in my initial soft appeal as it contravenes para 6 of the POFA 2012? Will it make a difference?

Secondly - The driver can't really recall being in that specific car park on the date specified. Is the PCC required to take photographic proof of the car? Can I request to see the photos? How can they prove the driver was there.

Any help you can provide would be appreciated.

Sam

Coupon-mad

Main advice sticky threads about appealing and complaining, here:


https://forums.moneysavingexpert.com/discussion/comment/64274803#Comment_64274803


HTH

bod1467

Do you have an Android phone linked to a Google account? Do you have location tracking enabled? If yes go to the link below, login and find the Location History section - this'll tell you where you were at specific dates/times.

https://www.google.com/settings/dashboard

Regarding no notice to driver ... this wouldn't be the first time a NtD was claimed to have been affixed but the driver didn't see anything.

* Perhaps the wind blew it off?
* Perhaps some kids took it off and put it on another car?
* Perhaps the attendant put it on the car, took a photo of it and then took it off? (Has happened before)

All covered by the NEWBIES sticky thread.

Redx

read this https://forums.moneysavingexpert.com/discussion/4816822

lets assume they fixed a notice to the vehicle, then the DRIVER should have seen it (if it didnt blow away)

lets assume the driver saw nothing, they then send out the postal PCN to the RK (not the driver) between 29 and 56 days later, making the KEEPER responsible, unless that keeper were to name the driver

so if you had no windscreen notice but they kept to POFA 2012 with postal notice to the RK then the original notice isnt that relevant

they are unlikely to give you any proof if they havent done so already so asking for it wont get you anywhere, it just delays things and you may run out of time with appealing , asking for proof is not an appeal , its an information request that they will be tardy with until the time clock runs out

so I would check your options based on what you have now, not what may or may not have happened on the date

if you request proof in the popla appeal, popla puts them to the test , or they lose

same in court too

but if you ask they dont have to prove anything at this stage , its your word against theirs unless you can prove your vehicle was elsewhere at the time

checking your phone proves where your phone was, not where the vehicle was
in my case it wouldnt work as my phone stays mainly at home even if my car isnt here

its a good point however, if you always have your phone on you and are the sole driver , some people have their phones welded to their palms but I dont believe in that millstone round your neck philosophy myself , but there could be a place for it in trying to find out where you were at a certain time and date

Sammyb1000

Thanks HTH for the rapid response!

At this stage I'm just really looking for guidance on the 2 points I raised in my post.

Thanks,

Sam

Sammyb1000

Can I just check... The POFA states that one of the conditions for the right to claim the parking charges is that a notice to driver has been given. They never did it.

The driver was only out the car for about 1 minute while the driver picked up a pre-ordered Chinese takeaway.

Coupon-mad

Yep you can quote that but of course you are only covered by POFA 2012 as long as you stay behind the 'registered keeper' identity. So please edit ALL your posts so far as UKCPS read this forum. I will unquote you...