NTK arrival late....advice please

watmb01

Having read as much info as I dare. I need advice please, after being issued with a PCN attached to windscreen. I have now received the NTK but it is dated exactly 56 days after the offence, and hence received 58 days after..
The info on the forum states it must be received between day 28 & 56, can I simply appeal this as the NTK has arrived outside of the required deadline?
Any advice would be very welcome.

da_rule

Assuming you are in England/Wales.

Appeal using the template contained in the first post of the Newbie sticky thread. Add a further point along the lines of "The registered keeper is not liable as the Notice to Keeper was served outside of the limit set out in Schedule 4 of the Protection of Freedoms Act 2012."

Umkomaas

In theory if the NtK has been delivered outside the timescale prescribed by LAW, then the PPC can no longer pursue the RK, only the driver.

Unfortunately neither POPLA nor the judiciary get over excited about this, so, whilst it will be a point you raise with POPLA, it's not going to be a showstopper - sad, but true.

So now it's time to follow the NEWBIES thread and get your initial appeal off to the PPC and await their response. Meantime, while awaiting their reply, do some research about winning POPLA submissions so you're up to speed when you get your (virtually guaranteed) rejection.

It would help for us to give you an indication of how easy this is going to be if you could let us know who the PPC is please.

watmb01

Thanks for speedy reply. PPC is corporate services, parking management.
Location KFC car park, and yes England. NTK and PCN make no mention of POFA, but if the act exists I assume they are still bound by it and can persue the keeper? If the rules are followed. Also having read quite an amount now and if I am correct it would appear these companies cannot issue parking fines and the only offence is trespass. Therefore should only be re-imbursed for damage or losses they can prove, if so regardless of notices etc etc is that not enough to appeal alone? as there are no losses that can be proven easily?

Redx

effectively you are correct in most of the above , although parking companies believe differently

so to get some things out of the way

the driver is held responsible for their actions, POFA 2012 means that if the PPC follows the pofa 2012 law then the RK can be held liable , if they do NOT follow the rules then POFA 2012 doesnt apply meaning they can only pursue the driver (if known)

the legal arguments against their actions are in the template appeal letter in the NEWBIES thread , like not a gpeol , no contract , bad signage etc

as for the losses, its generally accepted that only the landowner can pursue the losses (to the landowner) , so unless the PPC has written authority from the landowner to pursue these losses, then have cannot , because they have no contract , no locus

so you may well find the signage is incorrect, that no contract exists AND the charge is not a genuine pre estimate of loss as well

watmb01

Just one last thing before I write my appeal based on all off the above, does anyone have any knowledge of corporate services, parking management?

Redx

never heard of them myself, but they are on the AOS list at the BPA website

watmb01

And being a member of the BPA does that mean they do follow and are bound by pofa 2012?

da_rule

It means they have to follow the BPA code of conduct.

Just to confirm, the notice you received makes no mention of the Protection of Freedoms Act 2012?

watmb01

Just to be clear, the NTK makes no mention of POFA 2012. It does mention POPLA regarding appeals and reg 27 (DVLA releasing my details) Also states they do not know who the driver at the time was and "if you were not the driver at the time please tell us who was driving"
should I still use the standard template on grounds gpeol and ownership/contract, and is the 56 day limit of any consequence or not?

watmb01

No mention of pofa 2012 on signage or PCN either