14 Services NTK

Columbo_justonemorething

Hi all,

I have received an NTK (which followed a windscreen PCN to the driver) through the post from 14 Services (in Bristol), an IPC member. I haven't yet made any appeal to the PPC and before I start would be grateful for clarification on something from the Newbies thread.

I can't see anywhere in the NTK any reference to POFA 2012, although it *seems* to me to comply with the wording/content required. Does this mean - by not specifically referencing POFA 2012 - that the registered keeper cannot be held liable, meaning as long as I don't tell them who the driver was there is nothing further they can do (except perhaps empty threats!)?

I can post wording of the whole NTK, original PCN and photos of signage if it helps!

Many thanks

HO87

At this stage I would not worry overmuch about whether the format/content of a NtK complies with POFA. Especially from 14 Services - a true minnow of PPC World.

The IPC's approach at the moment is to no longer rely on POFA as a means of assuming/inferring keeper liability but to revert to a presumption that the keeper was the driver on the balance of probabilities.

Opinions are split on the subject of making an appeal to the IAS and it certainly shouldn't be regarded as a slam-dunk in quite the same way as an appeal (in normal circonstances) to POPLA generally is. The vast majority of IAS appeals are rejected and there are those who believe that it is demonstrably a kangaroo court and should not be engaged with. My approach is a little more cautious in that I suggest that it is always worth using any means of alternative dispute resolution - it being an accepted method of demonstrating that you have acted reasonably.

As far as 14 Services are concerned their signs have badly let them down in the past and I suggest that you revisit the car park (if you are able) and get some photographs. Keep in mind that the IPC allows only a 14 day appeal window so if you are to make an appeal then time is relatively short. 14 Services (aka Mrs Placidly and her little helper George) are not litigious and have only ever launched proceedings once before to my knowledge and I believe they were later withdrawn.

Columbo_justonemorething

Hi HO87,

thanks for your reply. Here is a photo of the only sign the driver could see when they went back, pinned to a pillar in the car park.

**edit i don't seem to be able to add a pic as a new user so will type out the wording on the next post...**

Opinion on wording of the sign etc would be appreciated.

I will happily jump through all the hoops regarding appeals even if they are automatically rejected, as you say to demonstrate acting reasonably - and I still have a couple of weeks to lodge the first appeal with 14 services themselves (which I must presumably do before going on to IAS appeal am I correct?).

Thanks again.

Columbo_justonemorething

Parking sign wording (hope this is of use?!):

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ATTENTION!
PRVATE LAND - PARKING CHARGES APPLY
TICKETING IN OPERATION 24 HOURS
CCTV/ANPR IN OPERATION
THIS SITE IS MANAGED AND OPERATED BY 14 SERVICES

PARKING AT THIS LOCATION IS PERMITTED FOR:

VEHICLES FULLY DISPLAYING A VALID PERMIT WITHIN THE FRONT WINDSCREEN WHILST PARKED WHOLLY WITHIN THE CONFINES OF THE BAY ALLOCATED TO THAT PERMIT

VEHICLES DISPLAYING A VALID 'DISABLED BLUE BADGE' WITHIN THE FRONT WINDSCREEN WHILST PARKED WHOLLY WITHIN THE CONFINES OF A MARKED DISABLED BAY. IF THERE ARE NO DISABLED BAYS - DISABLED BLUE BADGES ARE NOT ACCEPTED

BY PARKING OR REMAINING AT THIS SITE OTHERWISE THAN IN ACCORDANCE WITH THE ABOVE, YOU, THE DRIVER, ARE AGREEING TO THE FOLLOWING CONTRACTUAL TERMS:

YOU AGREE TO PAY A PARKING CHARGE OF £100 WITHIN 28 DAYS OF ISSUE. THIS IS REDUCED TO £60 IF PAID WITHIN 14 DAYS (INCLUSIVE OF ISSUE DATE).

ADDITIONAL PROCESSING FEE APPLIES IF PAYING BY DEBIT/CREDIT CARD

YOU PARK AT YOUR OWN RISK TO PROPERTY & PERSONAL INJURY. RETROSPECTIVE EVIDENCE OF RIGHT TO PARK WILL NOT BE ACCEPTED.

WHERE A PARKING CHARGE NOTICE IS AFFIXED TO THE VEHICLE OR GIVEN TO THE DRIVER THEN FAILURE TO PAY THE CHARGE WITHIN 28 DAYS MAY RESULT IN THE VEHICLE'S KEEPER DETAILS BEING REQUESTED FROM DVLA. OTHERWISE, THE KEEPER DETAILS MAY BE REQUESTED IMMEDIATELY SO THAT A NOTICE CAN BE SENT TO THE KEEPER. ENFORCEMENT ACTION MAY INCUR ADDITIONAL COSTS THAT WILL BE ADDED TO THE VALUE OF THE PARKING CHARGE.

ADDITIONAL PARKING CHARGES WILL BE IMPOSED FOR EACH AND ANY SUBSEQUENT 24-HOUR PERIOD THAT THE VEHICLE REMAINS OR IF IT RETURNS AT ANY TIME.

ALL ENQUIRIES RELATING TO PARKING IN THIS AREA SHOULD BE DIRECTED TO 14 SERVICES.
14SERVICES website listed here (again i can't put this in as a new user of these forums!)
TELEPHONE - 01452 223 284
14 SERVICES IS A TRADING NAME OF HOMEGUARD SERVIES LIMITED
REGISTERED IN ENGLAND AND WALES (6658898)

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It has an 'IPC accredited operator' logo on the bottom too. The sign is not, sadly, obscured in any way apparently (i have only seen the photo).

Columbo_justonemorething

Do'h! this would be easier, to see photo add www. in front of:

flickr.com/photos/130062132@N03/16145687280/