Thanks! - and a question...

Coupon-mad

In the formal demand - you were supposed to be comparing it to paragraph 8 of the POFA which is dead easy, really!

Mike172

Taken from one of your posts Coupon... Read para 8. Think this fits the bill perfectly.

5) Non compliant Notice to Keeper - no keeper liability established under POFA 2012

The following points (A)-(E) may be observed on the NTK, making this a non-compliant NTK under the POFA 2012, Schedule 4 para 8:
(A) The 'period of parking' is not shown, only the time of issue of an alleged PCN (as required by POFA 12 Schedule 4 paras 8(2)(a) and 8(2)(b));
(B) It does not repeat the information on the parking charge notice (as required by POFA 12 Schedule 4 para 8(2)(c))
(C) It specifies that there are unpaid parking charges “for the specified period of parking” (which was not specified), even though there are no unpaid charges for parking (in contravention of POFA 12 Schedule 4 para 8(2)(d));
(D) It does not identify the creditor (as required by POFA 12 Schedule 4 para 8(2)(h)).
(E) The ‘date on which the notice is sent’ is not explicit (as required by POFA Schedule 4 para 8(2)(i)).

The fact that some of this information may be able to be implied by a reader familiar with the legal context of parking does not mean that the NTK is compliant. A NTK is a fundamental document in establishing keeper liability. The requirements of Schedule 4 of POFA2012 as regards the wording in a compliant NTK are prescriptive, unequivocal and a matter of statute, not contract law. Any omission or failure to set out even some of the mandatory NTK wording means there is no 'keeper liability'.

I do want to add something about the estimation of loss they include in the NTK.

Dont see how their fuel expenses, staff uniforms, or emplyers NI are my problem.....

But I guess thats not needed and wont make the slightest bit of difference.

Coupon-mad

That will do the job and you don't need any more about the loss. You will win!

Mike172

Thanks Coupon-Mad. Submitting shortly. Cant believe you have the steam to continually dish out the same old advice to hundreds of people on this forum day after day. But Im glad you do!

Coupon-mad

Been here most of the day today on my day off, rather than writing xmas cards!!

Mike172

In case anyone is interested my appeal will be done in 7 weeks.....

Thought it was 2 weeks.......

No doubt ill be inundated with all sorts of letters from CPM in the mean time.

Coupon-mad

No they are not allowed to contact you except to send you their 'evidence pack (which they must, if they contest it). POPLA appeals do take 6 - 8 weeks at the moment.

Mike172

Win against UKCPM.

This is ticket #2 of 4 that I know about. #1 belongs to my friend and the result is arriving in the post, #3 I have submitted an appeal for, and I am waiting for advice on #4 due to the time between issue of PCN and receiving the NTK.

Reasons for the Assessor’s Determination

It is the Appellant’s case that the parking charge notice was issued incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal.

Shehla Pirwany

Assessor

As I suspected UKCPM did not bother to fight it. Part of me thinks that they will still pursue it regardless and part of me thinks that they are the most laid back PPC out there.

I was going to remove my windscreen permit to bait the PPC but due to the lease company waiting two months to tell me I have an NTK I worry Ive lost the chance to appeal.

Mike172

Thanks to everyone that's nursed me through this. Really glad you people can be bothered to make the effort day after day and help people out. I was worried sick to begin with like most people are and its great to come out the other end with a positive result.

I will update the decision of ticket #1 when I know as its arriving in the post.

- Note that Ticket #3 and #4 are in my other thread about leased cars.