Parking Eye NTK sent too late but they are still demanding money

lifemaestro

Hi,

I have read so many excellent threads in here and I'm seeking clarification please on an appeal I am now obliged by Parking Eye to make to POPLA.

They sent me a NTK dated 16th June for an alleged overstay at a CCTV operated retail park on the 29th May. No 'ticket' was issued on the day and they are claiming that my car over stayed the 'the clearly displayed signage' limit of 3 hours, by 12 minutes.

Following advice in this forum, I replied to Parking Eye that their NTK had been issued too late (18 days after the alleged offence), under the procedures of the POFA 2012 Act, which requires an NTK to be issued within 14 (or 15?) days for non-ticketed offences (28 days I believe for ticketed offences?).

I formally refused to name the driver directly or by implication, of the vehicle on that day, as is my right.

Another website, parking cowboys, says this of POFA 2012...

"Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.

A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either

(Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or

(Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked

A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales."

That seems pretty clear to me. That Parking Eye have in this case failed to send the NTK within the procedures required by the POFA Act and therefore I think that POPLA will have to agree that the 'keeper' of the vehicle cannot be held liable for the invoice in this case.

I have pointed this out to Parking Eye via their appeals page and they have refused to accept this and are demanding money with menaces or insisting I go to POPLA, which I'm happy to do (though I'm mighty tinkled off at them wasting my time!).

My questions are

1) am I missing something obvious here? It seems to me pretty clear that they cannot hold the keeper of the vehicle liable, because of the late issue of the invoice, so I'm not sure why they pursuing it and

2) can I raise other issues with POPLA such as questions about signage and visibility on site etc, even though I did not raise those on appeal to Parking Eye in the first instance.

My thanks in anticipation

Redx

you raise any and all issues that are legal arguments in your favour, including no keeper liability due to the NTK being "out of time"

also include

no contract
flawed NTK
poor signage
not a gpeol

the beavis case info in blue from the NEWBIES sticky thread

plus anything else you can add

BTW , you still have to go to popla , regardless of the NTK not complying with POFA 2012

Fruitcake

As above, appeal to PoPLA using all the standard appeal points such as no standing, poor signage, no GPEOL, and make NTK non POFA compliant your first appeal point. As Redx says, add the bit about the Beavis case in blue from the NEWBIES thread as well.

Check the PoPLA code on the Parking Cowboys website to make sure it is valid, and don't miss the PoPLA appeal deadline.

You being right about the NTK being out of time won't bother parking lie, they still want your money. So, appeal to PoPLA and cost them money when you win.

lifemaestro

My grateful thanks to all the above who so kindly replied.