TNC sent NTK but states cannot appeal???

Nameless

Guys need your help again - I have received this in the post today - another back dated letter - apparently sent on the 28th of Feb!

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thanks in advance

Also reply from AOS:


Thank you for your e-mail.



The Notice to Keeper has been sent to you regarding an outstanding parking charge notice which was issued to you on the 4 January.



As the notice was placed on the windscreen of the vehicle on the 4 January the driver had 28 days to appeal but as the operator did not receive any response, either payment or an appeal, to the notice, they have passed the debt to TNC to request the keeper details from the DVLA . The operator cannot request keeper details from the DVLA until after 28 days.



The Notice Keeper does not refer to the Protection of Freedoms Act (POFA) and therefore the timescale does not apply in this case.



The discounted rate does not apply after 28 days of the parking charge notice being issued.



Kind regards



AOS Investigation Team

Stroma

Write back to TNC with something like this

Dear TNC

As the registered keeper I'm in receipt of your back dated letter dated xxxxx. As liability is denied to your company, and you don't appear to be using the Protection of Freedoms Act 2012, you can only pursue the driver of the vehicle.

As I am under no legal obligation to name that person, the matter is now closed! Please don't write back to me as it will be considered harassment and will take further action against you.

Faithfully

4consumerrights

+1 ^^^^ send the letter Stroma's given you above.

This is typical of TNC parking services and the smaller PPCs they run the back office for including P4 and UCS - they do not follow keeper liability under POFA and can only pursue the driver if known.

You will note that the latest letter you have states:

the DRIVER has 14 days to appeal or pay the charge......

Nameless

thanks guys - I'm not sure if they sent this letter in response to the first letter I sent them after taking advise from everyone last week. Should I wait or send another letter?

4consumerrights

Send the letter now that Stroma wrote for you - make sure it is as registered keeper.

Coupon-mad

Hope you have also complained to the BPA already that this lot have not allowed a keeper to appeal and have sent no POPLA code, pretending only the driver could have appealed? The fact that they are not pursuing it under POFA2012 doesn't mean that the keeper cannot appeal, because you can appeal and you have the right to POPLA (it's stated in the BPA CoP that 'drivers and keepers can appeal to POPLA'). POPLA is not barred to a keeper just because the PPC isn't bothering with POFA, the two things are separate and the PPC and TNC have denied you a POPLA code.

Nameless

Coupon-mad wrote: »

Hope you have also complained to the BPA already that this lot have not allowed a keeper to appeal and have sent no POPLA code, pretending only the driver could have appealed? The fact that they are not pursuing it under POFA2012 doesn't mean that the keeper cannot appeal, because you can appeal and you have the right to POPLA (it's stated in the BPA CoP that 'drivers and keepers can appeal to POPLA'). POPLA is not barred to a keeper just because the PPC isn't bothering with POFA, the two things are separate and the PPC and TNC have denied you a POPLA code.

Ive complained to DVLA and BPA. The BPA response is below:

Thank you for your e-mail.



The Notice to Keeper has been sent to you regarding an outstanding parking charge notice which was issued to you on the 4 January.



As the notice was placed on the windscreen of the vehicle on the 4 January the driver had 28 days to appeal but as the operator did not receive any response, either payment or an appeal, to the notice, they have passed the debt to TNC to request the keeper details from the DVLA . The operator cannot request keeper details from the DVLA until after 28 days.



The Notice Keeper does not refer to the Protection of Freedoms Act (POFA) and therefore the timescale does not apply in this case.



The discounted rate does not apply after 28 days of the parking charge notice being issued.



Kind regards



AOS Investigation Team

Nameless

Also, DVLA response today after my complaint shows TNC's request was processed on the 7th of Feb - so why the delay in sending, and need to back date? I assume to not allow keeper to appeal?

Coupon-mad

This makes no sense. They seem to have missed the point - which is that the keeper can appeal to POPLA, so where is the POPLA code from TNC then? Please forward that email to Steve Clark at the BPA (it looks as though it wasn't him replying there) and say they've missed the point, you are the keeper and could only appal when you got the first letter and are entitled to a POPLA code whether or not POFA applies.

Email addy is in the NEWBIES thread. Don't reply to the 'AOS Investigation team' as clearly they aren't up to it.

Nameless

Just received another reminder - no POPLA code as of yet - I have requested it twice now.

Letter found here:

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