Apcoa bia ntk

JayDiz87

Hi,


I have read a lot of posts re: this subject so apologies if this seems unnecessary. I understand what I need to do however I want to try an nail this with the first appeal response.


My 'parking offence' was logged as Feb 28th 2015. My NTK issue date is noted as 17-03-2015. If I am right, according to POFA 2012 schedule 4; section 56; paragraph 9; sub paragraphs 4 & 5 regarding relevant period of notice to keeper, there is a 14 day window for me to receive a NTK from APCOA.


This means that APCOA are well over this 14 day period BUT I'm confused as to how much this strengthens my initial argument and whether adding this in my appeal will stop me getting to the POPLA stage. I'm ultimately not bothered if I have to appeal further but if I can hit APCOA first time it save a lot of effort. I am also aware or a previous APCOA case similar to mine going to POPLA and the appeal was upheld. is it worth mentioning this also?


a note to add: I am using the newbie template but modifying to include the fact my NTK was beyond the 14 day period.


Thank you all in advance.

Fergie76

Is this ANPR or window confetti?

Redx

airports are "not relevant land" under POFA 2012 so in theory they should write to the driver and not the keeper

either way, you send the template letter and add that due to the NTK arriving xxx days after the alleged problem occurred for them to chase the driver (who will not be named) or issue a popla code so it can be quashed at popla

its not really any different to the hundreds of other airport appeals to any private company

but it IS an additional appeal point in your subsequent popla appeal

get a free cert of posting at the PO though, keeping it safe

JayDiz87

Fergie76 wrote: »

Is this ANPR or window confetti?

It was ANPR

Thanks Redx. I will shoot the appeal off to APCOA and see what happens. I'm highly expecting it to go to to the POPLA stage.

JayDiz87

OK so to update everyone......SUCESS!! After following the newbie guide and tweaking my first letter slightly (making a point of the timescale issue) APCOA have dropped the charge


I was expecting to have to take my case to independent appeal but thankfully I have to waste no more time on this


Thank you all for your help and what a fantastic service this website offers!

Redx

perhaps APCOA are at last waking up to the fact that after 2.5 years they finally understand why they are losing so many popla cases when they cannot abide by the POFA2012 terms

perhaps they have employed a new law student trainee that has actually read POFA 2012 , or they have a new bean counter who has studied all the popla losses

well done m8

Half_way

or maybe theyve realised that enough people pay up when receiving the threat o grams to make the few that question and ask about POPLA ( combined with a bit of knowledge that these arent fines ) a write off.