NTK query

Annieboo

Hi not going into all the details of my "offence" as have researched a lot on your forums but i would just like someone to confirm that I have correctly interpreted PofFA 2012.
Following advice I waited to receive NTK which arrived on 6th June ("offence" occurred on 3rd May). The NTK just asks me to pay the full amount no offer of a pay early discount - as such i believe the NTK to be invalid and the PCC can only pursue the driver of the vehicle. Am I right in assuming that i should wait until after the 56 day period has elapsed so a further amended NTK cannot be issued? If so do I then write stating only this? Or do I plough on with the standard appeals procedure citing all the usual and include this as well?
Any help would be greatly appreciated thanks

Dee140157

In terms of the time scale, it does appear to break POFA 12 provided there was no windscreen ticket. If there was, then it falls within the correct timescale allowed.

Which PPC is it?

However regarding the lack of discount offered, this does break the BPA code of practice.

19.7 If prompt payment is made (defined as 14 days from
the issue of the parking charge notice) you must offer
a reduced payment to reflect your reduced costs in collecting the charge.This reduction in cost should be by at least 40% of the full charge.

Schedule 5 of IPC Code of Practce says

All parking charges must be reasonable. You should offer financial incentives for prompt payment. It is suggested that a reduction of between 40% and 60% is appropriate where payment is made within 14 days of the issue of the Notice to Driver. Where a reduction is offered, this must be made clear within the Notice to Driver document.
It is suggested that the maximum parking charge should be: £100.
Where there is a prospect of additional charges, reference should be made to this where appropriate on the signage.

Dee140157

So I would suggest you prepare appeal based on Newbies template.
Include point that that NTK is non compliant on one or both points.
Put draft here for checking with this one.

Annieboo

Thanks

I had a windscreen ticket so I was fully aware that the timescales were right I was just worried if I alerted them to the fact that the NTK was invalid that they would send another one out with a discounted price and so was wondering if i should wait until the 56 day deadline expired before appealing? Had already cut and pasted standard soft appeals letter to send but then realised that the NTK didn't look like it complied, so will include that element also. It's UKPC and I've already had 2 final reminders!!

thanks for you help

Dee140157

Don't miss your deadline for an appeal whatever you do.

When it comes to the POPLA appeal if you have to do one, post a copy of the signs it would be useful to check the wording as UKPC can talk of contractual agreements.

Umkomaas

As much as it is frustrating, there is very little 'interest' from POPLA or the courts about the finer nuances of PoFA 2012.

There are many more potent points of appeal (as per NEWBIES sticky) to defeat this, so I wouldn't be chasing relatively lost causes like timescales - as I said, frustrating as it is!

Annieboo

Many thanks i'll just get on and lodge the standard soft appeal and ask for POPLA code. I'm hoping that as it's a large retail park with free parking that the no GPEOL should cover it.
Thanks for your help

Umkomaas

Annieboo wrote: »

Many thanks i'll just get on and lodge the standard soft appeal and ask for POPLA code. I'm hoping that as it's a large retail park with free parking that the no GPEOL should cover it.
Thanks for your help

I'm sure, with the right form of words (as per NEWBIES links), GPEOL will do its job!

Skinning a cat is skinning a cat, whichever way you choose, although best to avoid any option that risks contact with the claws - if you catch my drift!

Dee140157

As it was a large retail park go and complain to the shops too. They have the power to get the charge cancelled.

You could follow the advice in this thread post 5
https://forums.moneysavingexpert.com/discussion/4999227