CM Services Ltd

vickybarbie86

Sorry, have (hopefully!) rectified :-)

SteveNotts

Well 3 1/2 months later I have just received the notice to keeper.

Can you please refresh my memory on what to do next please.

Thanks in advance

Steve

bazster

SteveNotts wrote: »

Well 3 1/2 months later I have just received the notice to keeper.

Can you please refresh my memory on what to do next please.

Thanks in advance

Steve

:rotfl: Just read the Newbies thread again!

Guys_Dad

Interestingly, the POPLA web site has just published its latest report from the chief adjudicator http://www.popla.org.uk/AnnualReport.htm

This may be of interest.
POPLA will consider a valid appeal if the operator was a member of the BPA Approved Operator Scheme at the date of the disputed parking event. To do otherwise would leave an appellant with no recourse.

However, since it may be several weeks before a matter comes to be determined at POPLA, should the operator have for any reason left the BPA in the meantime, the BPA may have no effective sanction

This is near the end of the report and is under the OPERATORS REPORTED TO THE BPA section, but the words seem to apply equally to BPA members who have left.

SteveNotts

Hi

Thanks for replies.

I will have a read through the stickies in conjunction with the ticket tomorrow.

Does the fact they have taken so long to send the NTK matter? I see 29-56 days mentioned? Is this just a guide or a time limit?

Cheers

Steve

Redx

its a compliancy for POFA 2012 , so if its outside that time limit they can only pursue the driver ( and you have no obligation to tell them those details and may not remember who it was )

they have up to 6 years to bring a claim for an invoice

Umkomaas

SteveNotts wrote: »

Hi

Thanks for replies.

I will have a read through the stickies in conjunction with the ticket tomorrow.

Does the fact they have taken so long to send the NTK matter? I see 29-56 days mentioned? Is this just a guide or a time limit?

Cheers

Steve

Nope, it's most certainly not a 'guide', it is, in fact, THE LAW if they wish to invoke Keeper liability. They are 'timed out' on this and can only pursue 'the driver', and if they don't know who he/she was, they are (legally) in a bit of a hole. So don't go revealing who the driver might have been - you are under no obligation to do so; don't be pressurised!

But you're not necessarily dealing here with the sharpest of legal minds, so they will plough on regardless pursuing the RK - the likelihood being they have little or no understanding of what PoFA 2012 means in this context.

So this is going to be a main plank of your appeal (and the IAS should understand the issue), but you do also need some other appeal points too (see NEWBIES sticky post #3 about POPLA/IAS appeals), but please don't go writing (or copying) an appeal of War and Peace magnitude!

SteveNotts

Hi

I now have the ticket and NTK together.

I have read the newbies thread several times but am a little unsure where to start :-(. None of the appeal templates seem to match my exact situation?

My main appeal is

1)The signs having the wrong body on at the time (I have a photo) says BPA members and weren't at the time of the ticket issue.

2) NTK dated 3 1/2 months after the offence date!

Any help or links to help would be appreciated.

Thanks

Steve

Dee140157

Appeal as per post 1 of the newbie thread but adding point d
D) the registered keeper is not liable as he/she was issued with a non compliant NTK which was outside the time frame demanded by law.

And for point 5 in the second half, demand a POPLA code as per this information:

The situation now is, all parking charges issued when an operator is a member of the BPA should be able to use POPLA to appeal. This is the official viewpoint of the BPA clarified by Steve Clark.

There are no other appeals in post 1. I think you are getting yourself confused with the later POPLA appeal. But you haven't got there yet!

Coupon-mad

As Dee says there is only ONE first appeal template (apart from a shortened version of the same thing)!