POPLA Appeal Template and NTK rule

taroshm

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Redx wrote: »

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 ?

I do understand that I need to mention the NTK point, the very basis of this thread.
In light of the earlier posts my confusion was more around the very appeal. As it sounds like that even though I have been granted a POPLA reference I have not actually been issued a penalty charge as the registered keeper and because the windscreen ticket is for the driver then should I even appeal as the RK till I am asked to pay.

Or

Is the letter back from UKPC rejecting my appeal but stating, without explicitly stating Driver or RK, that I either pay or appeal using the POPLA code my basis of appealing.

bod1467

POPLA has always been a good way to kill off a PCN. We can only hope the new version will be equally as fair. Therefore only a fool would decide to NOT register intent to appeal, if such an appeal can kill it off quite easily.

But only you can decide what to do - it is after all your PCN not ours.

taroshm

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ampersand wrote: »

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 :-)

Thanks will take that advise... .....

One step at a time. Thank you all for your patience and suggestions. Will post further in a few days and look forward to your help.

Redx

you are over thinking this as @mpersand said

and its not a penalty charge and never was, its a speculative invoice

the point is that you should appeal on every possible point imaginable, so the lack of an NTK is yet one more point in a long list of points

they cannot hide behind POFA if they dont comply with it, as KEEPER you allege they have not complied, they have to prove they have

so in any appeal you allege they have failed on multiple counts, they have to prove compliancy on every count

nobody can tell you what the Ombudsman Service will rule on, they havent even started yet, so you must include every appeal point including this lack of an NTK issue

you are appealing as KEEPER, but as keeper YOU HAVE NOT HAD AN ntk, THAT IS ONE OF MANY APPEAL POINTS YOU WILL USE

for now you just need to register with popla so they can pass it on, but you are getting bogged down in triviality

its not us you have to convince, its the Ombudsman Service (or ultimately a court if it went that far)