PCN with wrong station name

pappa_golf

it is of great importance , keep reading




OK, without it , they have failed to meet the requirement's of the POFa2012 , and as such cannot go after the owner , just the driver , however (without reading back) you might have named yourself as the driver in which case




,,,,,,,,,,,,,,, sorry jumping on a plane ,


pip pip

robonn

Safe travels!

If you're still online...

So the NTK is pretty important (although perhaps not so much in this case, as they're so bang-to-rights wrong with the whole Dorking/Cheam thing).

I've found this really helpful thread on NTKs: https://forums.moneysavingexpert.com/discussion/4910682

But just to check, assuming it's still the most up-to-date advice(?), am I right in thinking -

a) it's an automatic POPLA win if they miss this deadline (given that I didn't name myself)?
b) that's only the case if they happen to claim that POFA applies?
c) ...which I'll only know once I see if it is / isn't mentioned on the NTK?

Thanks again.

Coupon-mad

Nothing is an auto POPLA win because POPLA changed to a new service in October and they are being verrrrrrrrry slow to make any decisions.

The NTK does not have to state that 'POFA applies'. It would have to use the wording in paragraph 8 of schedule 4 of the POFA. You can have a look at para 8 yourself because Schedule 4 is linked in the NEWBIES sticky thread.

robonn

Hi there, quick question - I notice a lot of people reference the NTK in their POPLA appeals. But what happens if no NTK is received by the time of the POPLA appeals deadline?

Is it bad news, as it removes one the grounds for appeal? Or is it good news, as it means the PPC hasn't followed the correct process?

Thanks.

Umkomaas

It's not 'no NtK received before POPLA deadline' that puts the keeper in an unassailable position (provided they haven't admitted to being the driver), but 'no NtK received by day 56 after the parking event'. If the POPLA deadline date is before day 56 then in theory, and having seen 'no compliant NtK received' in the POPLA appeal, the PPC could then apply to the DVLA for the keeper details and then issue a compliant NtK (provided they can still meet the 56 days criterion) - but most unlikely.

If the POPLA deadline is beyond the 56 days, then it's not good news - it's great news!

It's important therefore to try to get timings of appeals right so they have no room to do this - but if the POPLA deadline is before day 56, then do not delay beyond that date, or you will almost certainly forfeit the golden chance to kill the charge.

Coupon-mad

Very good news and exactly the reason for advising appealing the windscreen PCN areound day 25!

robonn

Good news indeed as my POPLA deadline (today) is indeed more than the 56 days after the 'offence' - a date that's already passed.

So does that mean the POPLA appeal that I'm drafting now doesn't need loads of detail, it's simply a question of highlighting the failure in process around the NTK?

robonn

Hi all, good news from POPLA - unsurprisingly, my appeal's been successful:

"Indigo Solutions have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge."

And when you consider they got the station name wrong, good to hear!

Coupon-mad

Result!

Please add a short summary as a winner, in 'POPLA Decisions' at the top of the forum. Mention the parking firm's name there and the result and give this thread link.

robonn

done, thanks!