LDK parking notice

SamSun

Dear Members,

Thank you for the information on Newbies thread for the process of appealing parking notice, i wonder if someone can help with specific questions,

I received a windscreen notice for parking without permit in a residential block from LDK security group; and then had a postal 'formal demand' notice recently; am planning to appeal and have went through the threads but have these specific questions:

1. the postal demand has arrived 67 days after the windscreen ticket; as it is outside the 29 days to 56 days window, is it illegal (although they don't mention POFA 12 on their letter? can i point that out in my appeal?

2. There was conflicting advice on the parking notice; the board in the parking area said charge of £90 reduced to £60 if paid early; and the windscreen ticket said £90 reduced to £45 if paid early; should i mention that in appeal as according to BPA the advice should be clear?

3. my basic premise is that the charges are punitive/ out of proportion , is that correct ?

Many thanks again for helping me out!

Samsun

Guys_Dad

What date on the Notice to keeper? was that dated more than 56 days after contravention?

If so, the charge is not illegal per se but they have lost the right to apply registered keeper liability under POFA 2012.

The amounts on the NtK - do they match the notice or ticket?

Your simple action as keeper is to appeal to the PPC saying that their notice was out of date (spell out why) and that, as keeper, you are not in a position or liable to notify them of who the driver was.

You must NOT refer to the actual ticket as if you acknowledgs having that, then you must have got if from the driver and therefore know who that was, but if the NtK has different sums from the notice, then that should be another point you raise.

Make sure you ask them to cancel or send a POPLA code.

SamSun

Thanks Guys Dad,
The formal demand letter which mentions its sent to registered keeper is dated 11th Sept; contravention 4th July; thats 67 days, hope its not meant to be 56 working days?

the amount on the letter just mentions £90 and that the opportunity to pay discounted amount has elapsed.

Will the late notice be enough as a challenge for them to cancel the ticket you think?

many thanks

Coupon-mad

my basic premise is that the charges are punitive/ out of proportion , is that correct ?

Yes but wrong choice of words. Your premise is the charge is 'not a genuine pre-estimate of loss'.

SamSun wrote: »

Thanks Guys Dad,
The formal demand letter which mentions its sent to registered keeper is dated 11th Sept; contravention 4th July; thats 67 days, hope its not meant to be 56 working days?

No it's not working days! The NTK was fatally late for keeper liability.

Will the late notice be enough as a challenge for them to cancel the ticket you think?

No chance of LDK cancelling - but it will be relevant at POPLA as long as you are careful not to state or imply who was driving when talking about the signs etc.

Why not just use the template in the Newbies thread which already covers everything you need to say at this stage, and is written without implying who was driving.