NTK time limit.

gtfc74

Hi guys. I received a Windscreen ticket from a PPC. I am going to appeal and my initial trawl for information led me to believe that I should not respond until a NTK was issued. I understood that it could not be sent before 28 days after the incident but, some websites state that after 56 days they could no longer persue me. The NTK turned up 8 days after the 56 day deadline. When i looked at the Protection of Freedoms i could not find any mention of this time limit.
Can anyone shed any light on this matter?

Cheers.

Stroma

Who is the parking company? And is this in england or wales?

da_rule

Under Schedule 4 Paragraph 8(5) of the Protection of Freedoms Act 2012 a parking company has 28 days to serve NTK following the expiry of the 28 day time limit of the notice to the driver (the 'ticket'). This means that they have 56 days from the parking incident to serve a NTK where they have given notice to the driver. Even allowing a couple of extra days for post it would seem they are well out of time.

Stroma

That's assuming its England or Wales , and if the company is using pofa 2012. I have learned not to make assumptions with posts on here, let's wait for the OP to answer questions first.

da_rule

The OP stated he has already looked at the POFA, which would suggest that the company is using the POFA. I simply directed him to the relevant section of the POFA.

Stroma

As I said lets wait for an answer, it wouldn't be the first time a parking company tries to pursue somebody quoting that. And parking eye have actually issued claims in Scotland using the small claims track quoting pofa.

I prefer to ask questions first and get answers, not just to tell people to go another thread, or make assumptions. After all they have taken the trouble of starting a thread.

gtfc74

Thanks for the replies guys.
The company is Kernow Parking solutions, Cornwall.
They state POFA on the NTK. I assume that my next course of action is to follow the guide on here and dispute the claim with the PPC first before going down the POPLA route.
I get the impression that stating the breach of time limit alone is not enough to get a ticket overturned. If i understand from what i have read, because the driver is not identified, the PPC are now persuing the keeper and thus had 28 days to notify the keeper that a ticket was outstanding.
Have i got that right?

ColliesCarer

gtfc74 wrote: »

... because the driver is not identified, the PPC are now persuing the keeper and thus had 28 days to notify the keeper that a ticket was outstanding.
Have i got that right?

I don't think you have no.
As I understand it - they don't know who the driver was and You are under no obligation to inform them who the driver was

You the keeper received an NtK more than 56 days after the alleged parking incident - the NtK says they have obtained the keepers details from the DVLA and are issuing it under POFA.
If so it is out of time for them to be able to persue the keeper and as I said earlier - you are under no obligation to inform them who the driver was - so there is no -one they can persue.
and you are able as the keeper to claim no keeper liability as it was out of time.

But I'm a relative Newbie so hang on for others more knowledgeable than me to confirm what you should now do

Coupon-mad

gtfc74 wrote: »

Hi guys. I received a Windscreen ticket from a PPC. I am going to appeal and my initial trawl for information led me to believe that I should not respond until a NTK was issued. I understood that it could not be sent before 28 days after the incident but, some websites state that after 56 days they could no longer persue me. The NTK turned up 8 days after the 56 day deadline. When i looked at the Protection of Freedoms i could not find any mention of this time limit.
Can anyone shed any light on this matter?

This just means they sent it late so can only pursue the driver - and they probably got your data from the DVLA under false pretences as well. So adapt the template first appeal and add the fact that the NTK turned up too late for keeper liability and that the statement about the POFA2012 in the NTK is misleading and incorrect.

Then have a look at post #6 in the NEWBIES thread and use (BPA Operations Manager) Steve Clark's email addy to send him a copy of the NTK (DO NOT mention the PCN - as that was for the driver). Point out that the PPC has sent the Notice too late for keeper liability and yet the NTK still mentions the POFA 2012 which is wholly misleading.

Also use David Dunford (DVLA) email addy to complain - separate email complaint from the BPA one - that this PPC have sent a late NTK claiming 'POFA 2012 applies' when it does not and so you think they must have obtained your data under false pretences, if they stated to the DVLA that it was for pursuing a keeper under the POFA. Ask what the DVLA are going to do about this complaint and on what date did Kernow get your data (if not them then who did, which agent and when - and what was given as the 'reasonable cause').

da_rule

Coupon-mad wrote: »

This just means they sent it late so can only pursue the driver

And I'm assuming that if the OP doesn't identify the driver they won't actually be able to find the driver anyway?

Personally I'd appeal, use the standard appeal points such as no GPEOL, inadequate signage etc, but also throw in, maybe as your top point that they are out of time?

gtfc74

Hi guys,

Just thought i would let you know that after sending the standard appeal letter as advised and adding as my main point that they had exceeded the POFA time limit, I received a response from them stating that although I was in breach of parking regulations they had incorrectly quoted POFA and therefore would not be persuing the matter any further.

Thanks for all the help. Much appreciated.:T