Am I taking the right approach with this NTK? - Failed to Display Free Ticket

ShrewdMover

Hi,

I've recently received an NTK inviting me to pay £70 parking charge stating a 'contravention' of Failed to display a free ticket. I've read around the forum plenty and am planning to send a soft appeal to the PPC using the template provided in the newbies thread.

The template mentions non-compliant signage as point 2 and I'm wondering if a registered keeper who may never have been to the car park would be in a position to state that point or whether it is considered the case that any driver of the vehicle would have displayed their free ticket had the signage been sufficiently prominent.

I noted that the NTK took 45 days to arrive and was hoping that would be an end to the matter but read that this is considered acceptable contrary to some of the posts stating that the NTK should arrive within 35 days and that this is due to a change in BPA document wording.

So, time to dance. I'm assuming that the PPC will reject the appeal. I did read on one thread that it could be best not to describe my response as an appeal as it would in some way legitimise the suggestion that a contravention had occurred. Could anyone comment on how important this is?

I'm also expecting to have to make a subsequent appeal to POPLA focussing on (1) GPEOL due to the fact that the payment being disputed is £0 and (2) the fact that the PPC is not the landowner but the operator of the car park.

Basically just wanted to check that my understanding of what I have read on these forums is correct and that this is likely to be a successfull approach.

Thanks for providing the information on this forum and looking forward to any advice members may have.

Coupon-mad

Welcome to the MSE parking board!

The template mentions non-compliant signage as point 2 and I'm wondering if a registered keeper who may never have been to the car park would be in a position to state that point or whether it is considered the case that any driver of the vehicle would have displayed their free ticket had the signage been sufficiently prominent.

I would say you are over-thinking this a bit. The keeper could easily have gone to look at the signs this week, having received the NTK. Or failing that, the keeper could have asked the driver (and you can word the appeal that way if you prefer, but there's no need).

I noted that the NTK took 45 days to arrive and was hoping that would be an end to the matter but read that this is considered acceptable contrary to some of the posts stating that the NTK should arrive within 35 days and that this is due to a change in BPA document wording.

You've misunderstood this a bit and have muddled the deadlines up (35 days 'flexible' time is for a PPC to respond to your appeal). After the windscreen ticket, if there was one, a PPC has to get the NTK to the keeper between day 29 and day 57 which they have done.

I'm also expecting to have to make a subsequent appeal to POPLA focussing on (1) GPEOL due to the fact that the payment being disputed is £0 and (2) the fact that the PPC is not the landowner but the operator of the car park.
Basically just wanted to check that my understanding of what I have read on these forums is correct and that this is likely to be a successful approach.

GPEOL almost certainly will be the winning point, if the signs say 'contravening' or 'failure to comply' (in other words if they are alleging a breach). But that's partly why the template first appeal is written the way it is - to get them to cancel or to declare their hand - 'breach of contract' or 'contractual fee to be allowed to park like that'. The former being beatable by 'no GPEOL and the latter usually being a lie and a disguised penalty.

Which PPC, are they a BPA AOS member or an IPC AOS member? Makes a difference as one gets POPLA and one gets the IAS which is less well known but easy to win at appeal if the member is operating a breach' model (since the IPC don't allow it!).

ShrewdMover

Thanks Coupon-Mad. I've only just got around to following this up but I do appreciate your response.

So from what you've said I'd be best just to send them the standard template and take it from there.

It was Britannia who are a BPA member so I POPLA would be the place to appeal should the PPC reject my initial appeal which I'm sure they will.

I'll keep you posted.

Dee140157

Exactly that. Use template, nothing added, nothing taken away. Why change a winning formula?

ShrewdMover

So today I've received a final reminder from Britannia. They make no mention of my appeal which I sent by email (though their system did acknowledge receipt of said appeal via email back to me). Their letter also says that the POPLA service is no longer available for this charge.

Presumably this is an attempt at intimidation. They've not followed their appeals process and from what I've read on this forum that needs to run before we move on to POPLA.

Do I sit tight and wait for a response to my appeal or do I challenge them?

Many thanks!

Dee140157

I would follow up with an email saying you have sent appeal within the time schedule and have evidence of this. You are awaiting a response either acceptance of appeal or rejection with a POPLA code. You reject their statement that POPLA is no longer available.

ShrewdMover

I've followed your advice and requested that they send me a response to my appeal as per their appeals process. I've also stated that I don't accept that POPLA is not an option. I will update when I get a response.

Umkomaas

ShrewdMover wrote: »

I've followed your advice and requested that they send me a response to my appeal as per their appeals process. I've also stated that I don't accept that POPLA is not an option. I will update when I get a response.

Then be ready to complain to the BPA and DVLA should they continue to refuse POPLA access.

ShrewdMover

So, today almost three months after I made my appeal to the PPC I finally received this:

In view of your information we received, we are prepared to cancel the Parking Charge Notice, in this instance only as a gesture of goodwill. Please beware when parking in Southampton West Quay you do have to purchase a free half an hour ticket from the pay machine by pressing the green button.

Job done, thanks to everyone on this forum for all the great info and advice!