NTK for a parking charge dated 25/04/2014

FunkyParka

A few days ago my wife received a 'Notice to Keeper' relating to a
parking charge on the 25th April 2014. The NTK (dated 07/08/2014)
states that a PCN was affixed to the vehicle windscreen, but we have
never seen it.

The NTK is from PCS ("Parking Collection Services"), which is a
trading name of Debt Recovery Plus Ltd, acting for their client CUP
Enforcement.

From reading the newbie guide, my understanding is that I now should:
1) complain to the land owner (which I don't currently know, but will
have to figure out) (if the car was parked there, it would be to
visit the Chemists around the corner on the same plot of land),
2) prepare to appeal the notice within 28 days, hoping that they will
let it go, but otherwise request a POPLA number, etc.

I have spoken to the Chemist, and he says that he is unable to
influence the presentation of the PCNs (which we have never actually
seen).

From the 25th April to 7th August is 105 days. Isn't the NTK supposed
to arrive within 84 days of the original PCN? (84 days being 28 days
to pay, then 56 days to send the NTK).

Thanks for any help and advice.

Redx

never heard of CUP enforcement , unless its this one

Close Unit Protection Services Ltd (CUP)

check the actual PPC name for this pcn (and not the debt collector letters)

any NTK for a windscreen ticket has to arrive by day 56 if POFA 2012 is to be applied, not 84 days or 105 days

bod1467

FunkyParka wrote: »

From the 25th April to 7th August is 105 days. Isn't the NTK supposed
to arrive within 84 days of the original PCN? (84 days being 28 days
to pay, then 56 days to send the NTK).

You're right that the NtK is out of time for keeper liability, but your maths is wrong - they are even later than you think.

28 days for a driver to pay (or appeal) a windscreen PCN, then a further 28 days in which to send a NtK. So 56 days in total. (Day 1 is the day after the windscreen PCN was issued).

FunkyParka

Redx wrote: »

never heard of CUP enforcement , unless its this one

Close Unit Protection Services Ltd (CUP)

check the actual PPC name for this pcn (and not the debt collector letters)

That appears to be correct from examining the sign I just photographed. It says:

Close Unit Protection Services Ltd., 2 Woodberry Grove, London, N12 0DR.

any NTK for a windscreen ticket has to arrive by day 56 if POFA 2012 is to be applied, not 84 days or 105 days

What is the consequence of this? Should I still be writing letters and filing an appeal?

Coupon-mad

Yes a late PCN means you can add to the usual appeal point that no keeper liability has been established (and of course you are appealing as the keeper so I think you can see you have a good reason to win at POPLA stage!).

Dee140157

Your wife sends appeal as registered keeper as per newbie thread and adds point D that as the NTK arrived xx days after the parking event, there is no keeper liability.

Redx

I concur with the last 2 posts

pofa 2012 not complied with so template letter plus point D sent to CUP, (and ignore the debt collectors as they cannot do anything at all other than refer it back to CUP)

obviously CUP can pursue the driver over the next 5.5 years, but as the RK wont be telling them who it was, they have no chance

also they should cancel or give you a POPLA code for ADR at popla , where again the RK would raise the POFA 2012 non-compliance issue as well as the usual appeal points of not a gpeol , no contract , poor signage etc

FunkyParka

Thanks everyone. Drafting the appeal letter now. I've added point D, which reads:

The Notice To Keeper was sent one hundred and five (105) days after the parking event, so there is no keeper liability.

Does that seem okay? I can post the full letter if it's considered useful, but it is just taken verbatim from the newbie thread (modulo some formatting).

Coupon-mad

Yep that's fine, no need to show your whole reply. But be careful it may have to be sent to PCS not CUP (depends what the letter says about how to submit appeals). Follow that. Don't send anything 'signed for' as PPCs and debt collector won't sign and may turn away such letters!

Can we see a scan or pic of both sides of the Notice to Keeper as I bet it's missing statutory wording defined under the POFA 2012 as well! Haven't seen a CUP one before and it will be useful for others in future if we can see now that it's flawed.

As you are a newbie you will have to stop the link from 'working' before posting the URL. Most people do this by changing the http to hxxp.

Guys_Dad

Beef up the out of time point and make it your main appeal point.

The Parking Notice to Driver was issued via a windscreen ticket on dd/mm/yy.

The Notice to Keeper, however, was issued on dd/mm/yy, some xxx days after the Notice to Driver.

You will be aware that POFA specifies a 56 day limit to this being served following a windscreen notice to driver, and is an absolute statutory requirement of POFA 2012 for keeper liability to apply.

Outside this legal time limit, only the driver can be pursued, and the opportunity to claim keeper liability has expired. As keeper, I am under no obligation to divulge the driver's details and am not liable for the charge.

Therefore this is a non-compliant Notice to Keeper and the ticket MUST be dismissed.

Failure to do so will cause a formal complaint to your trade association.

However, we are assuming that the letter you call NtK is, in fact, the original NtK and not a follow up. If they have written before, and in time, the above will not apply.

bazster

Would be curious to see the piccy of that sign too.