POPLA Appeal Letter Advice - Parked at a boarded pub

Coupon-mad

Layna wrote: »

I sent my appeal to JD Parking 22 days after the ticket (since numerous people on here and the Newbies Sticky said that JD never send the NtK so don't bother waiting for it, but wait until day 22) and used the template in the Sticky, i.e. I have not told them who was driving the car.

OK - jolly good! So you have another appeal point to add to that draft above (which is absolutely fine so far, by the way!). You need the appeal point about 'no keeper liability because the Operator has never served a Notice to Keeper; so they have failed to meet the second condition in Schedule 4 of the POFA for keeper liability' and you need to wait until the last day maybe before submitting the POPLA appeal, to make sure that they don't get a chance to serve a NTK in time.

They had until day 56 to get a NTK to you, from the parking day. When is day 56?

Layna

23rd Jan, a day after the POPLA appeal expires....

Layna

Day 56 is actually 21st Jan (assuming Day 1 is the day AFTER the PCN was issued). My deadline is 19th.

Here's my paragraph about NtK:

[FONT=&quot]4. Notice to Keeper does not comply with Schedule 4 of POFA 2012[/FONT]
[FONT=&quot]The Notice to Keeper (NtK) should be issued between day 28 and day 56 after the parking event in the case of a PCN Windscreen ticket. The NtK was not issued by JD Parking Consultants in relation to this charge. Therefore, no keeper liability was established. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In particular the Operator has:[/FONT]
[FONT=&quot]
• Failed to repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f). [Para 8(2)(c)].
• Failed to specify whether the parking charges specified in notice to driver as required by paragraph 7(2)(c) has been paid in part and specify the amount that remains unpaid in the notice to keeper [Para 8 (2)(d)].
• Failed to inform me as keeper of any discount offered for prompt payment [Para 8(2)(g)].
• Failed to inform me as keeper of any arrangements for the resolution of disputes or complaints that are available under independent adjudication or arbitration [Para 8 (8)(b)].
• Failed to identify the creditor [Para 8(2) (h)].

[/FONT]
[FONT=&quot]The requirements of Schedule 4 of POFA 2012 and the mandatory detail and wording to ensure a NTK is compliant are prescriptive, unequivocal and a matter of statute, not contract law. Any omission or failure to set out the mandatory NTK wording will result in no 'keeper liability'. As such JD Parking Consultants have not provided a valid Notice to Keeper within the 28-56 day period as specified by Schedule 4 of POFA 2012 and therefore are not compliant.[/FONT]


Can I get away with that when day 56 is the day (or to days) after the deadline?
[FONT=&quot][/FONT][FONT=&quot][/FONT]

Coupon-mad

Layna wrote: »

a day {or two} after the POPLA appeal expires....

Great! As for whether to include that section - of course! I thought it was obvious...when exactly do you think the PPC will get to see this POPLA appeal and how exactly can they then go back in time and serve by post, a NTK so you then receive it before day 56??! Not possible!

You need to re-word it; the NTK isn't 'non-compliant' so stop trying to adapt an existing paragraph, just write your own along the lines, simply that: no NTK was ever served and by the time POPLA consider the matter it will be past day 56 - so the Operator has failed to meet the second condition in Schedule 4 of the POFA, for keeper liability. (You don't need to specify further).

Layna

Coupon-mad wrote: »

Great! As for whether to include that section - of course! I thought it was obvious...when exactly do you think the PPC will get to see this POPLA appeal and how exactly can they then go back in time and serve by post, a NTK so you then receive it before day 56??! Not possible!

Valid point!

Here's my edited, short-and-to-the-point version:

[FONT=&quot]4. Notice to Keeper does not comply with Schedule 4 of POFA 2012[/FONT]
[FONT=&quot]The Notice to Keeper (NtK) should be issued between day 28 and day 56 after the parking event in the case of a PCN Windscreen ticket in accordance with Schedule 4 of POFA 2012. JD Parking Consultants did not issue the NtK in relation to this charge; therefore, no keeper liability was established. [/FONT]


That everything I need to mention on that point?

Guys_Dad

Layna wrote: »

Valid point!

Here's my edited, short-and-to-the-point version:

[FONT=&quot]4. Notice to Keeper does not comply with Schedule 4 of POFA 2012[/FONT]
[FONT=&quot]The Notice to Keeper (NtK) should be issued between day 28 and day 56 after the parking event in the case of a PCN Windscreen ticket in accordance with Schedule 4 of POFA 2012. JD Parking Consultants did not issue the NtK in relation to this charge; therefore, no keeper liability was established. [/FONT]


That everything I need to mention on that point?

I would suggest putting in the date of the NtK and when the 56 day period expired to save adjudicator having to work it out.