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Minster Baywatch windscreen ticket

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Hi there,

I was just looking for some clarification, newbie here!

Day 25 since windscreen ticket was received by Minster Baywatch, no sign of a NTK but there is still some time. Do I wait until the NTK comes through, keeping in mind it will arrive (probably long after) the 28 day deadline from Minster Baywatch? Or do I follow the Newbie thread which says:

"Windscreen tickets:

The latest advice is, in the case of AOS MEMBERS ONLY, appeal online or by email at around day 20 after a windscreen ticket but as the KEEPER, not driver, using the template below. NOTE: the appeal deadline is NOT 14 days, please re-read your PCN if you think it is! The reason for waiting 3 weeks is to not appeal too soon as if you are the driver and secondly, to engage them in the appeals process at a time when they should also be posting a Notice to Keeper. Many PPCs forget the NTK when replying to an appeal and if you appeal as 'keeper' then the very fact a PPC then forgets to send you a NTK by day 56, gives you a slam-dunk winning point at POPLA stage! Don't forget it, make sure you take note of whether any NTK is ever received."

Just confused as to whether I need to email them the template letter after I receive a NTK (day 29 onwards and outside of the 28 day period for Minster Baywatch appeals) OR if I should do it now, at day 25, before a NTK arrives?

Many thanks!

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you can use the template letter now, day 25 , as they will have to issue the NTK anyway

    the NTK is not allowed to arrive before day 29 and before day 56 , so there is no chance of it arriving in the first 28 days, as it would be a breach of pofa 2012

    so you can send the appeal template, plus pcn details, name and address, appealing as keeper , to the existing windscreen ticket

    or you wait for the ntk and them use that template , hoping they issue the NTK and dont faff around with debt collectors

    if and when they issue the NTK, the RK has 28 days to appeal it, in other words, the "clock" restarts, but on the RK , not the driver , you are mixing the two up
  • Umkomaas
    Umkomaas Posts: 43,427 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Whack it off now, make no alterations or additions to it. If posting obtain free certificate of posting from the Post Office - don't just push it into the postbox.

    Yes, and include your name and address, but just a squiggle for a signature.

    Remember NO alterations/additions.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    I'd wait for the NtK - it might never come!
    Je suis Charlie.
  • Thank you, I will send it off now. I have a feeling they will just go straight for Debt Collectors, or that's what I have read about Minster Baywatch before now, at least.

    I am emailing the letter to their appeals email address, so won't be adding a signature or anything, just my name and postal address alongside the template emails as it is (copied and pasted from the newbies' thread).

    Thank you!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    plus the pcn number too
  • Ok, I have now received my refusal letter from Minster Baywatch with my POPLA code, so I need to write up my POPLA appeal. A couple of questions:

    - Minster Baywatch never sent me a NtK, can this be used against them at all?
    - I actually realised the app for paying for parking didn't work on this occasion, but I did actually pay for a full day's parking 1hr after my previous session expired (the attendant caught me in that 1hr gap), so the car park lost out on nothing as I still paid for that day (and have the receipt) - does this count for anything? Or should I stick to just the legal bits/breaches on their side?

    Many thanks!
  • And..I just realised POPLA isn't taking any new appeals. Nevermind! I assume they will contact me when ready.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    register the code on the popla website, so they will contact you with the Ombudsman details in order to appeal

    your Ombudsman appeal should contain all relevant appeal points, including any lack of an NTK, or non-compliancy

    your payments may help in court, but are unlikely to help in any ADR appeal like the Ombudsman appeal (they never did at popla so I dont see that changing)
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