Parking Eye - NtK Outside of 14 days - Question

Guys_Dad

PE are usually pretty hot on issuing, so may I just ask one thing to be absolutely clear?

Is the car registered in your name or is it a company/lease car where the RK is a 3rd party?

amountainhigh

enfield_freddy wrote: »

I presume you are also the poster on Pepippo asking the same question,


if so , a beautiful "gan" special letter has been prepared for you , use it!


if you are not the person on peppipo , follow this link

Ah, well spotted, though I've responded Gan as the PCN doesn't actually state that they have complied with PoFA.

bazster

amountainhigh wrote: »

Ah, well spotted, though I've responded Gan as the PCN doesn't actually state that they have complied with PoFA.

Maybe not but I bet it says they have the right to hold the RK liable, which amounts to the same thing.

amountainhigh

Guys_Dad wrote: »

PE are usually pretty hot on issuing, so may I just ask one thing to be absolutely clear?

Is the car registered in your name or is it a company/lease car where the RK is a 3rd party?

The car and V5 document are registered in my name - I am the registered keeper.

Guys_Dad

amountainhigh wrote: »

The car and V5 document are registered in my name - I am the registered keeper.

Ok - just spotted your reply on pepipoo as well.

I too like Gan's letter, and suggest you send it.

amountainhigh

Aye, but Gan's reply was based on their letter stating things that it didn't.

I'm minded to stick to the fact the NtK was issued >14 days and hence no keeper liability

amountainhigh

Well, after submitting an appeal using the suggested points as well as pointing out the NTK was outside of the 15 day period and I have not declared the driver I was somewhat surprised to receive a letter advising my appeal was unsuccessful.

They have not addressed any of the points in my appeal letter - simply stating 'Your appeal has been unsuccessful due to the fact that parking tariffs apply at this car park. On further investigation our records show that insufficient time was paid for on the date of the parking event".

They have provided a POPLA Reference number.

Do I need to now research the POPLA appeals process?

Fruitcake

amountainhigh wrote: »

Well, after submitting an appeal using the suggested points as well as pointing out the NTK was outside of the 15 day period and I have not declared the driver I was somewhat surprised to receive a letter advising my appeal was unsuccessful.

They have not addressed any of the points in my appeal letter - simply stating 'Your appeal has been unsuccessful due to the fact that parking tariffs apply at this car park. On further investigation our records show that insufficient time was paid for on the date of the parking event".

They have provided a POPLA Reference number.

Do I need to now research the POPLA appeals process?

First of all, check that the PoPLA code is valid on the Parking Cowboys website. If it is, yes research PoPLA adding in the main point that their claim is non POFA comliant. If the code is invalid, complain to the BPA and let them sort it out, not parking lie.

There is a Sticky at the top of the main page with loads of PoPLA decisions so you might fimnd one there you can adapt, or do a search on successful non compliant POFA PoPLA appeals.

amountainhigh

I checked it appears a valid Popla code.

Per Parking Cowboys website suggest the following appeal wording - based on the fact that the NTK was issued after the requisite 14 days to maintain keeper liability.
The Parking Cowboys website suggests the following POPLA appeal, based on the fact that they did not issue the NTK until 17 days (not within 14 days) of the alleged event.

"The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were I submit I am not liable to any charge"

Is this sufficient?

Umkomaas

amountainhigh wrote: »

I checked it appears a valid Popla code.

Per Parking Cowboys website suggest the following appeal wording - based on the fact that the NTK was issued after the requisite 14 days to maintain keeper liability.
The Parking Cowboys website suggests the following POPLA appeal, based on the fact that they did not issue the NTK until 17 days (not within 14 days) of the alleged event.

"The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were I submit I am not liable to any charge"

Is this sufficient?

It's a key point that must be included in your POPLA appeal. But it most certainly isn't the only one, unless you know exactly what you're doing and you want to chance a single-point appeal.

If not, these also need to be built in, as appropriate.

1. No genuine pre-estimate of loss (GPEOL)
2. Signage
3. No Contract with landowner to pursue charges in their own name at court
4. No proprietary interest in the land
5. Unlawful Penalty Charge
6. ANPR Accuracy