POPLA Appeal Template and NTK rule

taroshm

Thanks bod1467.

So what does that mean in my context because so far I have only corresponded with them once, first appeal. The windscreen ticket was issued on 02Ju1'15 and the POPLA appeal deadline is 04Sep'15. Am I still supposed to appeal to POPLA ? It sounds like they haven't yet asked the "keeper" to pay.

ampersand

re:
'with some good appeal points as the driver rather than as keeper'

^^^NOT THIS. taroshm, which I think you realise.
Your #1, #4 and #10 interpretation is correct, as reinforced by g0wfv. One slight correction there though. We'll critique any draft you show us, not top up your first few words. That's down to you.

Something of a bonus - this popla change actually means more prep.time for your eventual appeal to ombudsman services, which is a company, not an honorific.

Bear in mind that their Lordships' judgment on the Beavis appeal may be published by then, too. This forum will update any relevant advice,

UKPC in the Search box will also reassure you: - lowlife scammers, batted off with a good appeal.

Subscribe to PP's blog, which you'll enjoy and mine :-)
http://parking-prankster.blogspot.co.uk/

4consumerrights

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.
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

Hi at this stage you simply need to log the code on the POPLA website with your personal details. I would also recommend that you take screen shots of this.
You will an automatic message from London Councils which will be followed up a couple of days later with another communication informing you of further details.

Currently the OS are not starting the process or informing motorists of how to submit an appeal until after the 14th September.

Redx

just so you are clear on this, popla stopped accepting appeals about 11 days ago (a week last friday) - or thereabouts, so you need to register the code on their site before the expiry deadline of this friday coming

their site also tells you about these changes, so read it

then start on your Ombudsman Service appeal (not popla appeal)

taroshm

ampersand wrote: »

re:
'with some good appeal points as the driver rather than as keeper'

^^^NOT THIS. taroshm, which I think you realise.

Please can you elaborate on the above.

g0wfv

It's a tricky one, as although you've stated that that you are registered keeper and no admission as to the identity of the driver will be offered nor can it be assumed, by replying to the NTD in this fashion YOU have supplied the keeper details to the PPC rather than them gaining them from the DVLA. How does this stand up to the legislation? (PPCs must gain keeper details from the DVLA and then issue a NTK).

I get that POFA cannot be relied on for keeper liability as no NTK has been issued within the requisite period, is the OP still able to appeal as keeper without an NTK?

Or indeed can the OP now just say that as the driver is unidentified (nor will they be) the PPC has failed to issue a NTK within the required time period, no keeper liability exists under POFA 2012, therefore he owes nothing!

IMHO, this is going outside of the established chain of events that is normally encountered on this forum, but is interesting none the less!

taroshm

Thanks understood that its no longer a POPLA appeal just registering the POPLA code for an Ombudsman Service appeal. Will do that at the earliest.

Will appreciate if someone can elaborate, when I do appeal should I question the keeper liability considering I haven't yet received anything to state that as a keeper I am liable to pay the charge.

Redx

taroshm wrote: »

Thanks understood that its no longer a POPLA appeal just registering the POPLA code for an Ombudsman Service appeal. Will do that at the earliest.

Will appreciate if someone can elaborate, when I do appeal should I question the keeper liability considering I haven't yet received anything to state that as a keeper I am liable to pay the charge.

I am sure I covered those points above

only a fool would NOT elaborate on those details when you put your appeal together

only a fool would NOT include the lack of an NTK seeing as you appeal as RK (or as keeper if you will)

only a fool would leave out any appeal point thereby meaning the PPC dont have to prove their case

there are some fools who dont do the above, I assume you wont be one of them ?

ampersand

Stop overthining is my advice right now. Drenching wet BankHol Monday here, so go for a paddle after you've registered your wish to appeal, but DO capture that with a screen shot, as per 4cr, #14.

None of us yet know fully how OS appeal procedure, requirements and adjudication may differ.

It's clear that you are articulate, read intelligently and absorb info. well. This will be your strength further down the line and we'll happily offer thoughts on drafts then.

Go and put the kettle on now :-)

g0wfv

Elaborate on anything and everything you can think of - it's for the PPC to prove their case is valid, not for you to prove their case isn't.