A bit of clarification on NPE

tallulah12

Hi all,

I am new to this forum but I have read the newbies advice given about the appeals procedure, but just would like a bit of clarification on a couple of points please. In the flow chart and reading just some of the responses to other threads about NPE, the advice is to wait for the Nfk to arrive within the time scale, so based on this information, I am guessing that NPE are just a small company then?

My next question is (I will make the details vague, as I am aware the owner reads these forums!) I got a PCN on the window screen of the car, however I am questioning if I should have ever been issued with one.

The PCN states I was parked behind some shops/in front of a private housing complex. However the sign stating this was on the side of a shop but the car was not past this sign and also the sign is next to a public telephone box as well, so is it legal for NPE to have issued this PCN? Just getting advice together prior to sending a appeal off.

Many thanks

Stroma

Well we don't know if its legal as we don't know the lay of the land, the only people who can confirm this are the local council, so go and ask them if this is so.

As for the NtK just wait for it to arrive then use the appeal wording in coupon's sticky thread to appeal, if they reject then go on to Popla with our help.

tallulah12

Hi Stroma, many thanks for the reply. If the local council agree that the parking space is not on private land, I guess I can use that in the appeals process?
Many thanks

Stroma

Yes you can as it will be not relevant land. But you also make complaints to trading standards and the council highways department, and as well as the bpa and dvla. But don't lose sight of doing the appeal

tallulah12

Once again many thanks for the quick reply. I have now got to wait for the NFK before I start the appeal process.

Many thanks

Stroma

It's NtK as in Notice to Keeper, but yes wait for that then send an appeal via the post office with free proof of postage and electronically

waamo

IIRC this lot really don't like giving out POPLA codes so you may have to complain to the BPA to get one.

tallulah12

Ok,

This is an update on my current situation with NPE, they sent me the NTK after 25 days and then two days later I sent my appeal via the post office and electronically, Now after going through the NTK it states they are using paragraph 9 of the POFA, I thought (unless I read it wrong!) that paragraph 9 was for PCN's that were not issued on a window screen?

My PCN was issued on the window screen, so does this make it issued under the old regulations? If so where do I go from here?

Next my appeal was sent 16 days ago and NPE have not responded to me, so where do I go from here?

Many thanks

ColliesCarer

They have 35 days according to the BPA Code of Practise to provide a response to your appeal, but should have acknowledged receipt of it within 14.

Re the NtK - no it doesn't make it issued under the old rules but it does mean it was non-compliant with POFA Schedule 4 requirements and therefore they have failed to establish a right to pursue the keeper which gives you an extra appeal point in your POPLA appeal.

A NtK if no windscreen notice was issued should arrive within 14 days counting from the day after the alleged event and should comply with paragraph 9 of POFA.

A NtK after a windscreen notice (as in your case) should arrive no sooner than day 29 and no later than day 56 and should comply with paragraph 8. The reason for these timescales is to give the driver a full 28 days to submit an appeal ( or pay) before they have any reason to pursue the keeper.

So not only is it non-compliant with either POFA or the BPA Code of Practise but by sending it after only 25 days they have also requested your details from the DVLA without reasonable cause because at the time they requested your details they hadn't given the driver the full time to respond, so you should complain to both the BPA and DVLA

tallulah12

Hi,

Thanks for the reply, is there a template for complaining to DVLA and BPA? I am guessing the 25 day bit is 25 working days?

ColliesCarer

The 29 days is calendar days - so the 25 days they sent it in would be calendar days too.

Not sure about whether there are templates as such but take a look at post #6 of NEWBIES thread. There are the contact details for both organisations there and a link to successful complaints.

If you need help drafting - have a stab at them - then post up your drafts for help fine tuning