Notice to Keeper recieved 140 days AFTER ticket issued - is this allowed.

flippyg

Hi

Hoping that someone can give me some advice.

I am in the process of appealing a Parking Charge Notice originally for £114. As I am the owner of the vehicle not the driver, the first I new of this was when I received a Notice TO Keeper Letter from PDC (who claim to represent JAS Parking).

The Date of the offence was 16/04/2014. The date on the NTK is 03/09/14 which is 140 DAYS AFTER THE OFFENCE!

I have been reading the Forum and advice given and have also studied Schedule 4.

Can anyone advise as to whether there is a time limit by which the NTK must be sent out. I think it has to be sent not before 28 Days and then within a further 28 days after this. This seems to imply that if the date on the NTK is greater than 56 days after the offence they cannot re coup there "losses" from the owner only the driver.

Of cause I've no intention of telling them who the driver is as I'm under no obligation to do so.!

The parking operator is currently in the process of ramping up the pressure having now passed the "debt" on to another company Dara Debt Recovery who are now asking for £149 not the original £114.

My original appeal via e-mail in response to the first letter demanding that they withdraw or send a POPLA code so I could appeal was just ignored - so still do not have a POPLA code or written rejection.

I'm in the process of formally writting my appeal using the standard template which I will send recorded mail.

If anyone can confirm the 56 day limit I think this is the key thing that will get them off my back (although that may be wishful thinking from what I've read!)

Thanks.

bazster

Jehanzaib Arshad Dara (a.k.a. Adam), the brain cell behind both JAS and Dara Debt Recovery, is a moron of the first water. Either ignore him or complain to BPA Ltd. about him ignoring your appeal and failing to issue a PoPLA code. Either way don't even thing of paying the halfwit.

HO87

Correct. At the end of the day, the simple answer is that they can send the NtK whenever they please. However, if they seek to invoke the keeper liability provisions of the Protection of Freedoms Act then they must comply with all of the conditions the Act sets out and that means that they should serve it between Days 29 and 56. Outside that timescale and they should be directed to pursue the driver.

As for Dara Debt Recovery, other operators have previously been given heavy slaps for "posing" as otherwise unrelated debt collectors. In any event why would anyone be concerned about a debt collector, real or imagined? Ignore the letters but consider shredding them as I understand the paper is quite absorbent and makes excellent pet bedding.

BlackSpangle

flippyg wrote: »

I'm in the process of formally writting my appeal using the standard template which I will send recorded mail.

The general advice seems to be not to use recorded mail for PPCs (I'll confess as a n00b, I'm not quite sure why). Just post at your nearest post office, and ask at the counter for proof of postage. It comes at no charge, and it establishes the fact that you have done your bit in the bizarre dance of the PPC/POPLA.

In your case, if they are attempting to establish keeper liability after this length of time, they're onto a sure fire loser. They can ask you to identify the driver, and I'm sure your letter will simply say "I refuse to identify the driver, and you can no longer pursue me as keeper. Cancellation or POPLA code - no other response is acceptable".

bazster

BlackSpangle wrote: »

The general advice seems to be not to use recorded mail for PPCs (I'll confess as a n00b, I'm not quite sure why).

Because PPC's are apt to refuse to sign for recorded delivery. Plus it simply costs more and it's not necessary, the law presumes first-class mail to have been delivered two days after posting unless proved otherwise (and how can someone prove they didn't receive something?)