Specific help - long out of date NTK issued

hunter86

Hi Everyone,

Firstly can I say thank you already, all the information on here has been the world of help already.

However I think I now need some more specific advice.

My spouse has received a PCN from Parking Eye. The bizarre thing is that the notice, an NTK, details the date as approximately 16 months ago. In the mean time we had had no notices or attempts/requests to identify the driver, and for clarity no notice was placed on the car.

I appealed on the parking eye website with all of the pointers detailed on the newbie page stating all of the obvious faults with the NTK and the elapsed timescales. I appealed on behalf of my spouse and identified myself 'none of the above' on the Parking eye appeal form on their website.

I have had a response from them requesting that in order for them to deal with my correspondence they will need a signed letter of authority from the registered keeper. They have naughtily dated the letter around 10 days before I have received it, giving me very little time for reply.

I am now the registered keeper. Should I identify myself as so and repeat the appeal?

I have complained to the owner of the retail park, who stated categorically that they do not use parkingeye. I have asked them to confirm that they didn't on the date of the ticket. I reiterated that Parking eye were acting aggressively etc etc to emphasise the issue.

I will now be complaining to the BPA guy detailed on the newbie section personally as the have broken the BPA code of conduct on numerous instances.

A little guidance will be appreciated,

hunter86

Coupon-mad

I appealed on behalf of my spouse and identified myself 'none of the above' on the Parking eye appeal form on their website

and that's where you went wrong and nearly threw this away - why on earth would you do that when all it takes is to put their real name at the bottom (your wife's name)? No you can't appeal - not even now you are currently the registered keeper. Only the actual keeper or driver on the day can appeal.

Quickest thing is to re-send it in your wife's name tonight - stop trying to make her hide behind your name. You may think you were protecting her from this but in reality you have nearly caused her a lot of grief, as if you miss the appeal deadline, PE sue people. You nearly caused her a court claim by doing this in the wrong name. You can't tick 'none of the above'.

ampersand

Exactly, c-m.
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hunter -.........following which, I'd put time to this: 'I have complained to the owner of the retail park, who stated categorically that they do not use parkingeye. I have asked them to confirm that they didn't on the date of the ticket.

2 points - get note for 'blue' and 'red' in writing, even if you prep. a little doc. for their signature. If parking lie were there at that time, why/when were they sent packing? Strongest of complaints should then follow, but only in accordance with Forum advice, not free-style, only with exact and accurate details of blue and red bits. Unless you have recorded anything, this 'I reiterated that Parking eye were acting aggressively etc etc' lacks verifiable proof and I worry that your desire 'to emphasise the issue'may lead you into deep water.

You must stick to the facts only. This is not Playing at Law time.
When I read 'were acting aggressively' - how? when? - detail? And 'etc.etc' adds nothing.

My comments are not made to dissuade or indicate disbelief, but an alert to the need for relevant, accurate specifics and concise language. e.g.
'I will now be complaining to the BPA guy detailed on the newbie section personally' - redundant. ATD, strongly but courteously written, will bring you a response from Steve Clark. Success at POPLA needs a tightly written rebuttal, in your wife's name, on points of law only, not mitigation or opinion.

'BPA code of conduct on numerous instances'- all will need detailing and you must remember BPA is not a regulatory body.

Let us know that you have re-sent that Appeal in your wife's name. c-m's advice is gold gust on the Threads.

hunter86

Thanks Gents,

I realise the mistake I made. Responding now with the verbatim response on the newbie thread.

I appealed on their website first and (STUPIDLY) didn't copy and keep what I said. I used the guidance on the newbie thread and parking prankster and listed every instance where the NTK failed. My post on here was summarised somewhat so I can see why it looked a little poor, I did stick to all the facts.

My initial complaint to the owner of the car park was more to try to provoke an early response but I can see why that too was flawed. Luckily the guy has continued to respond and has confirmed that ParkingEye were employed at the time to monitor disabled parking bays.

Is it common for them to send out NTK's so long after the fact? Am I right in thinking that they have done this for a chance payment and it is likely that it will be dropped either by PE(which I understand is rare) or be upheld by POPLA?

Thanks again,

Coupon-mad

They sometimes do this if people have moved house, or if a keeper has named a driver.

hunter86

After a robust and assertive complaint to the car park owner, the very kind gentleman confirmed to me that Parking Eye will be dropping the PCN.

Something to note that the owner of this carpark was no longer employing Parking Eye, the only reason given was that they re-tendered.

He did suggest that I keep all of the paperwork as he wasn't sure that Parking Eye would confirm this. Should I expect that they will?

I also emailed Elizabeth Symons and the CCR team at the DVLA with the complaint guidance provided on here, pointing out the facts that lead me to believe that PE requested keeper details without reasonable cause as outlined in POFA2012. Today I had a very interesting response from a guy called Brian Dodge. He would like a copy of the NTK and will be following it up with the BPA.

Thanks for the advice everyone, much appreciated.

tykesi

Hint - C-M isn't a gent

hunter86

I admittedly noticed this after reading a few more posts...

sincerest of apologies :-)