POPLA Appeal Template and NTK rule

taroshm

Hi,
I am new to this forum and even though I have read a lot of posts including the "newbies" I cannot find a link to templates for a POPLA appeal.
I have gone past the first stage of appealing to the parking company who responded with a POPLA reference. The deadline for a POPLA appeal is Friday 04th Sep15.

So far the only communication from the parking company has been (1) The Parking Charge on windscreen (2) A letter rejecting my first appeal directly to them.

I appealed as the registered keeper and as per advice did not disclose the driver details. I was not the driver
when the parking incident occurred.
They have not sent me a formal Notice to Keeper and its now been more than 56days since the windscreen ticket was issued. Is this my strongest point while appealing to POPLA apart from the other reasons like "the parking charge is not a genuine pre-estimate of loss" and others.

Would be grateful if someone can point me to information (including templates) on the NTK rule.

Thanks in advance.

TM

Jim_AFCB

The best thing to do would have been to NOT appeal the windscreen ticket, but to wait for the NTK. You will not now get a NTK, as they have already hooked you with the windscreen ticket.

Who is the PPC, and where did the parking event occur? (was it England/Wales, or Scotland/NI?)

Ref the POPLA appeal, as the provider of POPLA is changing over from London Councils to the Ombudsman Service, no appeals are being accepted at this time.
However, you must register your intention to appeal with POPLA by the deadline, (in your case, Friday) and they will inform you when you should submit your appeal, probably sometime in October.

g0wfv

Hi taroshm, I see you found the new thread button before I posted in the other thread

Here's what I put in there ...

g0wfv wrote:

taroshm wrote: »

I have gone past the first stage of appealing to the parking company who responded with a POPLA reference...

...Would also be grateful if someone can point me to information (including templates) on the NTK rule. I haven't yet received a NTK and its been more than 56days since the initial windscreen parking ticket was issued.

It's in Schedule 4 of the Protection of Freedoms Act 2012 (http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted)

However, as you state you have already appealed, but have not received a Notice to Keeper, one can only assume you appealed the original windscreen ticket (aka Notice to Driver) in which circumstances the PPC no longer need to send an NTK as you have effectively informed them who the driver was, thus keeper liability no longer exists (someone correct me if I'm wrong!)

Jim is right, NEVER reply to the windscreen ticket (Notice to Driver) but always wait for the Notice to Keeper as you have more rights to appeal as keeper than driver (or that's how I understand it!)

That said, I'm sure someone will be along to advise where to go from here with some good appeal points as the driver rather than as keeper, but they do need to know which parking company has ticketed you, and where the alleged incident took place (Scotland or England/Wales) as the advice will be different in each case.

taroshm

Hi,
The PPC is UKPC. I appealed to UKPC as a registered keeper and not as a driver. Followed the advice on the original "newbies" forum where it states that you do not disclose who the driver is. In fact I did state in my appeal that I am not obliged to disclose the driver details.

Thanks.

taroshm

The Parking event was in UK, Greater London

Redx

taroshm wrote: »

Hi,
I am new to this forum and even though I have read a lot of posts including the "newbies" I cannot find a link to templates for a POPLA appeal.

Would be grateful if someone can point me to information (including templates) on the NTK rule.

Thanks in advance.

TM

there are no "templates" for POPLA appeals (or IAS appeals either) on this forum, each appeal is bespoke

g0wfv

taroshm wrote: »

Hi,
The PPC is UKPC. I appealed to UKPC as a registered keeper and not as a driver.

That's good to hear, however if you've not had a NTK, the conclusion could be drawn that as you responded to the NTD, you were the driver. Be prepared to rebut that point (as the registered keeper, the driver passed me the NTD?)

As RedX says, each POPLA appeal is bespoke. There are some generic paragraphs built around GPEOL, unfair terms, non-compliant/inadequate signage that can be included (search around the forum and pull out text from other people's appeals).

What were the circumstances of the incident? What does the NTD say it was issued for?

Come up with some words as a starting point, and people will give you advise to fine-tune it.

taroshm

Ok no worries. I'll try and put together some points for the appeal. Looking for the strongest reason(s) in a POPLA appeal.

Would you be able to advise if the NTK rule is still valid ? The earlier posts suggest that its no longer valid as I have already appealed, even though as a registered keeper not driver.

Was using the suggestion to appeal just before the 28day deadline for appealing to the PPC in case they forget to send a formal NTK by day 56.

Redx

you need to search for recent approved popla appeals on here using the search box, preferably a UKPC appeal of a similar nature, then plagiarise it and make up your own draft appeal

you need to register your popla code on the popla website ASAP so they can pass it on to the ombudsman service

then you need to prepare an appeal for the Ombudsman Service, as popla no longer accept appeals, ready for when you are contacted by the Ombudsman Service

include any pararagraph alleging POFA 2012 non-compliancy, you allege it, the PPC has to prove it was or is compliant, so put it in anyway

if you dont appeal on a point, they dont rule on it , so use as many appeal points as possible

like

poor signage
no contract
pofa compliance
not a gpeol
the Beavis paragraph from the newbies thread

basically, the same type of appeal as thousands of others

taroshm

Just to add my appeal to the PPC had the following lines :

"I would like to challenge this charge as keeper of the car based on the following grounds :"

and

"There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors."

bod1467

If no NTK has been issued by UKPC and you are past the 56 days limit since the NTD date, then they cannot rely on POFA ... period. If they want to apply keeper liability then they must get keeper details from DVLA and issue an NTK within the prescribed timeline.

Per your reply on NasK's thread, post #2 here covers the POPLA question.