NTK from Dean Clough

bonj

I got an NTK from Dean Clough in Halifax as per below, I've removed potential PII but please let me know if not advisable to post it even so.
I have compared it to the POFA guidelines and it looks fairly compliant, I was just wondering whether anybody can spot how it might be invalid?

One thing I noticed is that it doesn't explicitly say that they don't know the service address for the driver, as per 8 (2) (e), merely that if it was not me could I please disclose it.

It also doesn't say what the actual "offence" was, merely that it was "in breach of the terms which apply at the Dean Clough site". Should it? What section of POFA says that, sorry if I'm being blind but I can't find it.

My intention is to send them with the first letter in the sticky (the one beginning "I challenge this 'PCN' as keeper of the car, on these main grounds") , however I was just wondering if I could specifically quote which sections they don't adhere to, it would carry more weight.

Any other comments about this NTK?

Dear NAME

Payment for Parking Ticket as below Is now overdue.
Parking Ticket No <<####>> F Mill Car Park Dean Clough on 28th October 2014 at <<time>>.

Vehicle Registration Number <<my reg>>, <<my make>>, <<my model>>, colour <<colour>>

We recently issued parking ticket number <<####>> to your vehicle because it was parked in breach of the terms which apply at the Dean Clough site. The parking tickets were attached to your vehicle on the day and has still not been paid. We obtained your details from the DVLA as the registered keeper of the vehicle through the Reasonable Cause request of pursuing an outstanding private parking charge.

Although the document is addressed to the registered keeper it refers to the contract with the driver. If you sold or hired out the vehicle before the parking ticket was issued please let us know. If you were not the driver please disclose a serviceable name and address of the driver. The driver must pay the amount owing or challenge the ticket within 28 days of issue or further action may be taken.

If you wish to challenge the Issue of the parking tickets you have 28 days from issue to do so by contacting Dean Clough Ltd at the address below or email info at deanclough.com. This will be dealt with by the management of Dean Clough Ltd and we will respond within 14 days of notification and will either accept/reject the challenge within 30 days or receiving it. If a parking ticket has been challenged the charges are put on hold until an appeal decision has been made.

If the challenge is rejected you may appeal against a parking charge to IAS (Independent Appeals Service) or POPLA (Parking on Private Land Appeals) Tel. 0845 2077700, email enquiries at popla
Signs at the entrance to the car park and other strategic areas around the site set out the terms and conditions on which parking is permitted. Drivers who breach the permitted parking terms and conditions are liable to pay a charge, according to the list of tariffs displayed in the car park.

A discounted charge applies if a parking ticket is paid within 14 days of issue but the opportunity to pay these parking tickets at the reduced rate has now expired and the full value of £100.00 per ticket is now due.

We now request the amount is paid using one of the payment methods described below. If within 28 days the parking charge is not paid we will take further steps to recover the amount owed by issuing court proceedings. This will result in additional charges being added in accordance with the Court scale of charges.

How to pay the parking ticket
By credit/debit card by phoning Reception on 01422 250250 In person at the main reception at Dean Clough
If requested we will either issue you with a receipt or post one on to you

The Information Commissioner and the DVLA each operate a complaints procedure for you to use if you believe your data has been used inappropriately to supply is with the vehicle's registered keeper details. Information on how to complain can be found at direct for DVLA and ico for the Information Commissioners Office.
If you have any queries or require any further information please do not hesitate to contact either Linda Hardcastle or Odine Sykes on the telephone number below.

Yours sincerely
FOR AND ON BEHALF OF DEAN CLOUGH LTD
Dean Clough Limited +44 (0)1422 250250 Jeremy Hall Chairman & Managing Director
Dean Clough Mills info at deanclough Maurice Miller BComm FCA Director
Halifax HX3 5AX deanclough Stephen Bullock ACA Company Secretary
West Yorkshire

BenefitMaster

That's not even close to compliant with POFA.

Redx

One thing I noticed is that it doesn't explicitly say that they don't know the service address for the driver, as per 8 (2) (e), merely that if it was not me could I please disclose it.

errr, no you cannot , so will not , so do not , not at this stage

if they wish to invoice the driver, its their problem in identifying said driver

if they wish to use POFA 2012 and go after you, then they need a compliant NTK for that to happen

Umkomaas

Just send the initial appeal from the NEWBIES FAQ sticky, post #1 and let's see how they handle that for a starter. From recollection I've never seen a Dean Clough case before, so they won't be very experienced in any of this stuff.

We'll help you dismantle the NtK if or when you get to the POPLA stage. But you might want to have a look at Parking Cowboys Keeper Liability checklist webpage, here:

http://www.parkingcowboys.co.uk/keeper-liability/

The_Deep

If the challenge is rejected you may appeal against a parking charge to IAS (Independent Appeals Service) or POPLA (Parking on Private Land Appeals) Tel. 0845 2077700, email enquiries at popla

They are giving you the choice? Choose PoPLA

hoohoo

Totally non compliant. If you can get the notice to driver from the driver on the day that would help too.

Also, when did this arrive? 56 days from 28 October is 23 December. Tough on them if it arrived after that date.

Coupon-mad

One thing I noticed is that it doesn't explicitly say that they don't know the service address for the driver, as per 8 (2) (e), merely that if it was not me could I please disclose it.

It also doesn't say what the actual "offence" was, merely that it was "in breach of the terms which apply at the Dean Clough site". Should it? What section of POFA says that, sorry if I'm being blind but I can't find it.

Both of those are obviously evidence of non-compliance, and TBH I couldn't see any evidence of prescribed wording needed from Schedule 4 paragraph 8 in that letter! Totally agree with the others, that is NOT a compliant NTK. As hoohoo says, did it arrive by day 57 at the latest?

bod1467

The_Deep wrote: »

If the challenge is rejected you may appeal against a parking charge to IAS (Independent Appeals Service) or POPLA (Parking on Private Land Appeals) Tel. 0845 2077700, email enquiries at popla

They are giving you the choice? Choose PoPLA

That's an interesting one. Are they intimating that they are members of both the BPA and IPC?

(And as TD says - appeal and choose a POPLA code. But if they are members of neither organisation then there's no independent appeals route anyway).

hoohoo

bod1467 wrote: »

That's an interesting one. Are they intimating that they are members of both the BPA and IPC?

(And as TD says - appeal and choose a POPLA code. But if they are members of neither organisation then there's no independent appeals route anyway).

They are on the BPA AOS list...and not on the IPC list.

Confusingly, the BPA also use the abbreviation IAS. POPLA is the BPA's IAS. The IAS is the IPC's IAS.

I'm guessing it's POPLA or nothing!

AltheHibby

I notice 2 of the directors are accountants. Their institute (ICAEW*) might be interested in them being part of this; especially the fact that the invoices are non-compliant.

bonj

hoohoo wrote: »

Totally non compliant. If you can get the notice to driver from the driver on the day that would help too.

Also, when did this arrive? 56 days from 28 October is 23 December. Tough on them if it arrived after that date.

Oooh - er... no! I'm pretty sure it was after christmas, sat 26th I think.
Can't prove that though.
(They probably posted it before christmas but it may have been delayed due to the christmas rush.)

And thanks all for the reassurance.


I'll just send them the letter now, without trying to point out how it's non-compliant, and just wait and see what they say to that.

But overall, I was under the impression my overall strategy should be to decline to pay, and wait for them to either not bother to, or try but fail to, sue me, rather than appeal to PoPLA?

What's the disadvantage of the former over the latter?