University of York Parking Fine

amir500

Hello all,

I have just received a notice to keeper from the University of York. The date they have provided where the alleged parking took place was more than 84 days ago.

I myself was not driving the car, but my son, a University of York student, was.

My son claims on the date specified he had his end of year exams at the university and was running late and parked onsite the campus in a pay & display car park without paying and displaying. When he returned to the car there was no fine attached anywhere on the car. So he was unaware of the fine.

I have also checked their photographic evidence online and there is none as the images are missing.

I can not attach any links as I am a new user but will private message anyone willing to help!

How can I appeal this?


Many Thanks in advance!

Coupon-mad

Read the Newbies thread at the top of the forum. Not sure why so many new posters just jump in and start a thread, not reading the thread that says in capitals 'Private parking ticket? NEWBIES please read these FAQs FIRST!'

Easy stuff - but we can't type it out again and again. Are the Uni of York the BPA 'AOS member' themselves? I think they might handle these themselves but please confirm? We would like to see BOTH SIDES of the Notice to Keeper (NOT by pm please) so just change the http to hxxp.

amir500

Coupon Mad - Firstly thank you for your prompt reply. I have been reading for a full day now and have found conflicting advice. In the past I have ignored a ticket from a PPC, but now I gather the rules have changed.

I am aware under section 4 of POPLA2012 that they must issue a NTO within 56 days but as they have not mentioned POPLA, I assume this is not grounds for appeal

The UofY have written that they are members of the BPA.

Here are the links for the tickets.

Dee140157

Don't read the conflicting advice, just read the newbie thread. It's so much easier.

I briefly posted your links then took them down again when I realised not only was your name visible on the PCN, but your links have your name in them too.

Start again by uploading without your name in the user name and removing name from PCN.

Maybe use tinypic instead? And remove the links in your post and replace with fresh ones.

Coupon-mad

amir500 wrote: »

In the past I have ignored a ticket from a PPC, but now I gather the rules have changed.

Nearly 2 years ago, yes.

I am aware under section 4 of POPLA2012 that they must issue a NTO within 56 days but as they have not mentioned POPLA, I assume this is not grounds for appeal

On the contrary, that's part of a slam dunk winning set of points that will kill this at POPLA. So that's the NTK, which fails to establish keeper liability because it arrived FAR too late and there was no detail about the appeals service available including independent appeal (unless the tickets mention it vaguely). There may be more flaws...

The UofY have written that they are members of the BPA.

They are more than that - they are listed as AOS members:

http://www.britishparking.co.uk/Approved-Operators

and that means they have to offer POPLA, where you will win in the end.

Here are the links for the tickets.

http://i1290.photobucket.com/albums/b527/Amir_Farooqi/20140911_183913_zps39fd67f1.jpg

http://i1290.photobucket.com/albums/b527/Amir_Farooqi/20140911_183921_zps2c9ebc0c.jpg

We'll take a look shortly.

Coupon-mad

'we understand you to be the driver' is wrong. It should say 'we don't know the name and address of the driver so we have obtained your details...blah blah...'

'you are now required' is wrong. The POFA 2012 (which is the law and nothing to do with POPLA!) requires no such thing - in fact an AOS member is only allowed to 'invite' the Keeper to pay or give the name & addy of the driver.

The naughtiest thing is to send a NTK so late which says (wrongly) 'as keeper you WILL become liable'. Because the keeper cannot be held liable.

This would be dead easy to kill with a complaint email to the BPA which might see it quashed even without POPLA. It's a serious breach to say they understand you are the driver when that's just a generic sentence (unlikely in most Universities anyway, because on the balance of probabilities the drivers are mostly young students who may well not also be the keeper) and then to say 'as keeper you WILL be liable' when they've missed the POFA deadline is the very worst part.

But in fact it DOES mention POPLA on the back.

So - email a quick complaint to Steve Clark at the BPA and to the DVLA, and drop the University in it (don't worry there cannot be repercussions, they are the ones in the wrong and the ticket will be cancelled one way or another). Email addies for the BPA and DVLA are in post #6 of the Newbies thread.

Then prepare a POPLA appeal in a week or so, in good time, just in case the BPA don't push the Uni to fold in view of the lie about keeper liability. It is serious.

amir500

Thankyou Coupon Mad for your help,

Here is an email i have prepared to send to the BPA and DVLA. Should I add anything to it?


PCN No xxxx
Car Reg xxxx


Dear Sir,

I am in receipt of an Notice to Keeper (NTK) from the University Of York, members of the BPA and AOS. As members of the BPA and AOS I would expect the University Of York to adhere to the code of practice layed out by the BPA and AOS.
I am sorry to say that this is far from the truth and the letter I have received has lost my trust in your organisation.

The NTK states they understand me to be the driver - This is absurd as I am not, and then says I am required to .. which is also not true as an AOS member is only allowed to invite me to pay the amount or give the details of the driver in question.

Furthermore, I received this NTK 84 days after the alleged offence and under Schedule Four of the Protection of Freedom Act 2012, for the notice to keeper to be valid it must be received no more than 56 days after the Notice To Driver, thus rendering this NTK invalid.

I hope and expect companies registered with the ASO to adhere to a strict code of practice and to my disappointment, The University of York has failed to do so.

As a result I would like this parking charge to be canceled for gross misconduct.

I will attach a copy of the NTK sent to me by the University of York as evidence.


Many Thanks

xxxx

Guys_Dad

I am not sure that this is correct.

The NtK can be sent at any time, but it is invalid for Keeper Liability which is what they want to pin on you.

You need to be clearer about this. I am not going to try to rewrite your appeal, but suggest corrections if I may.

Not "The NTK states they understand me to be the driver - This is absurd as I am not," but "The NTK states they understand me to be the driver - This is absurd as I was not on the day in question and am able to prove that I was in a different town at the time in question although I readily admit to being the Registered Keeper,"

and "for the notice to try to invoke keeper liability to be valid it must conform to the mandatory requirements of POFA 2012 and be received no more than 56 days after the Notice To Driver, thus rendering keeper liability inapplicable."

Edna_Basher

Coupon-mad wrote: »

......unlikely in most Universities anyway, because on the balance of probabilities the drivers are mostly young students who may well not also be the keeper.....

Very true, as confirmed by my own recent experience with the University of York.

Earlier this year, son no.1 parked his car (which is registered in my name) in one of the University's car parks and received a PCN alleging the display of an expired ticket (an allegation which we proved to be false, by the way).

As keeper, I wrote a strong letter to the University challenging the PCN. The University soon saw sense and cancelled it without the need for us to escalate the matter to POPLA.

amir500 - based on your own circumstances, I expect that a strong letter from you to the University will have the same result.

amir500

Thankyou guys for all your help,

Would you suggest going down the route of explaining I had medical final exams and commuted in from 30 miles away with the university having poor parking facilities, or down the route of exposing the flaws in the NTK, along the lines of the NKP being served after 56 days?

Coupon-mad

amir500 wrote: »

Would you suggest...

What? We've told you all the flaws and why as KEEPER you cannot be liable and you want to throw all that in the bin and appeal saying who was DRIVING?