Elite Management - Notice to Keeper received 91 days from PCN

blunther

Hello,

I've read the newbies and stickies, but can't find if my tactics should change in this situation. I believe the NTK must be sent within 56 days? If an NTK was posted and dated a full 91 days after the alleged infringement, should this change the appeal letter? Is this a simple cut-and-dry they-haven't-followed-their-own-rules case?

Thanks!

ColliesCarer

If no windscreen ticket - should arrive within 14 days
If a windscreen ticket issued then no sooner than day 29 and no later than day 56

blunther

Also, they mention IAS rather than POPLA on the NTK, if this changes things somewhat?

blunther

ColliesCarer wrote: »

If no windscreen ticket - should arrive within 14 days
If a windscreen ticket issued then no sooner than day 29 and no later than day 56

Thanks Collies - I'm led to believe a windscreen ticket was issues, so the 56 day limit should apply here. Is this grounds for a valid appeal?

ColliesCarer

It becomes an extra point on your appeal to the parking company (and then later in your appeal to POPLA ) - as out of time to claim Keeper liability but no your tactics don't change

Sorry - only just see IAS - that's a different appeals process - not too familiar with it myself but will check and get back to you
but others who are familiar with it will also probably respond soon

blunther

Sorry, another note - a valid ticket was purchased for the time of the alleged infringement which is still in possession of the driver. The reason for issue is 'Ticket Not Displayed Correctly'.

Thanks!!

ColliesCarer

Was this England or Wales and do you live in either of those two also
Might be worth posting up a link to a copy of the Ntk - make sure you blank out any personal details and do front and back

Nodding_Donkey

Dear Scammer,

The NTK you have sent me doesn't establish keeper liability. I suggest you take this up with the driver.

Good luck

blunther


there ya go.

blunther

ColliesCarer wrote: »

Was this England or Wales and do you live in either of those two also
Might be worth posting up a link to a copy of the Ntk - make sure you blank out any personal details and do front and back

Endland, thanks!

Here's the NTK:

Nodding_Donkey

That looks like a slam dunk

blunther

Thinking something like this for soft appeal:

Dear Sir/Madam.,

Vehicle Registation No:xxxxxx
Ref: xxxxxx

I am the registered keeper of the above vehicle and wish to appeal the fixed charge notice and invoke your appeals process.

I deny all liability to pay this charge as it would appear that your Notice to Keeper is defective as it fails to meet all the criteria necessary under POFA to pursue the keeper in this instance.

It is difficult for the keeper to assume responsibility for the alleged contravention for failing to display a valid ticket when you have not substantiated this allegation by any photographic evidence.

This is also not a timely notice to establish keeper liability, given that your letter is dated 91 days after the alleged infringement, and was posted a further three days after the date of the letter.

The fixed charge claimed is disproportionate, punitive and does not represent any genuine pre-estimate of loss for this alleged breach of parking terms either to yourselves or the landowner. Indeed, the registered keeper has found a ticket in the vehicle for the date you allege this contravention took place - and enclose a copy herewith. Therefore there was no loss to either yourselves or the landowner in this instance so this invalidates this parking charge, which cannot be claimed where no loss exists.

I therefore suggest that you cancel this charge forthwith, or issue me with details on how to appeal the next stage, where further appeal points will be raised.

Yours faithfully,




Any thoughts, comments or additions?