Norfolk Parking Enforcement - advice please!

Coupon-mad

snoozysue85 wrote: »

Phoning would be difficult and they don't allow appeals to be phoned! The phone is strictly provided for payment only.
I will email the template 25 days after the ticket was issued and see what happens.
Is it worth writing to the dentist surgery? The driver wasn't a patient but then no-one was as they were definitely closed at the time. Would they just say it was the driver's fault or would they want to know that NPE are using aggressive ticketing on their land, even when they are not there? I believe they own the freehold of the parking space.

You don't need to do anything else, trust me. We are all on your side and the info posted by IamEmanresu was useful to NPE cases!

Soooo easy to win at POPLA stage. NPE's rejection letter will tell you you have no case, it will show some photos to intimidate you and will re-offer the discount.

DO NOT BE FOOLED.

Certainly come back here when you get the rejection letter. We can assist with POPLA appeals and do so all the time. You will need to read some examples on here and show us a draft of your POPLA case when you get the rejection letter. So you could spend some time researching that now, while you wait for the inevitable rejection.

Start your POPLA research with post #3 of the Newbies thread, which shows a couple of recent POPLA examples (albeit ParkingEye ones) and we can add more when you need it.

If NPE mention this forum thread as further intimidation, it will be all the funnier.

snoozysue85

Right as per Quentin's advice I'm adding to my original thread 100 odd days later. I posted about this when the ticket was issued 13/11/15. I submitted a template appeal (from this site) to NPE as the keeper, with no acknowledgement about who was driving on 11/12/15. They never replied. Now I have recived a Notice To Keeper still demanding £100 (no photos) with no POPLA code and mentioning the IAS. This is 92 days after I appealed the charge! What is my next step. They want me to reveal the driver but I believe the advice is not to.
Can you help me by letting me know what my next step should be? Thanks.

Redx

use the blue text BPA template and reply , as they should cancel or give you a popla code as they were BPA members back then, so tell them so, but dont give away who was driving

also tell them if they fail to provide a popla code you will complain to the DVLA about their KADOE contract because they have failed to use the correct appeals service (because they were BPA members last year, until december, so the IAS does not apply)

you can also point out that this failure to use popla option will be pointed out to a judge if it goes to court

snoozysue85

The blue text BPA appeal is what I sent them before on 11/12/15 (and I have a dated copy of the email). What is a KADOE contract? And when exactly did they leave the BPA and join IAS? Can they refuse a POPLA code because I appealed the charge after they joined IAS?
Should I start preparing a POPLA case? I'll write another email to them and post it on here before sending so you can check if it's correct. Many thanks!

snoozysue85

Also this is the first NTK I have received. This is 117 days after the PCN was issued!

snoozysue85

This is the email I have written to the appeals service at NPE:

Address
Vehicle reg
Date


Dear Sir/Madam

Re: PCN No. Xxxxxx

I repeat that I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that the signs were not seen/are ambiguous and the terms unclear to drivers before they park. Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as I believe the driver may well be eligible for cancellation.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge. As NPE was a member of the BPA on the date the PCN was issued, you are required to offer a POPLA code.

If NPE fail to provide a POPLA code I will complain to the DVLA about your KADOE contract, because you have failed to use the correct appeals service (since NPE were BPA members on the date the PCN was issued, until 1st December 2015, so the IAS is not the correct appeals service to refer me to).

I will also draw the judge's attention to the failure of NPE to offer the option of POPLA should this case come to court.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully
Etc

Quentin

snoozysue85 wrote: »

What is a KADOE contract?....

Keeper of a Vehicle at the Date of an Event


It's the contract between DVLA & the PPC whereby the PPC can get the Keeper's details from DVLA subject to the conditions of the Contract being kept.

Redx

looks like you did some research and found that crucial date (from the IPC website)

the BPA , IPC and DVLA agreed in a meeting that the appeals service in force at the time of membership applies, even if the PPC has moved from one to another, so they obtained those details under KADOE when NPE were BPA members (and had a different name, but same initials)

so if NPE want to stay in business using the DVLA service they have to use the correct appeal service, or they are in breach and you can complain to the DVLA

my opinion is that now NPE are IPC members they wont want to use popla or have old pcn,s from the BPA hanging about so may well drop it once your complaint above (new appeal and complaint) is sent

so yes send them that new appeal and complaint letter, insisting on popla and consider a complaint to the DVLA too due to this KADOE breach

as this NTK is 117 days after the event, it fails POFA2012 so you could add a paragraph to that effect, as keeper (not as driver, this is important)

that way you have all your complaint in the one email/appeal/complaint in case it goes to a judge (or for popla)

I dont think they will want to carry this farce on but be prepared , yes

ps:- that agreement happened around june 2014 and was blogged about by parking prankster

http://parking-prankster.blogspot.co.uk/2014/06/appeals-system-mess.html

so as NPE have a KADOE contract that was and is in force across both the BPA and IPC memberships, they have to abide by what the BPA , IPC and DVLA agreed , which is that the ADR used by the AOS membership at the time be offered to the motorist , in your case its before DEC 01 2015 so its the BPA and POPLA

even the IPC would tell those morons at NPE that their IAS cannot be used and it has to be popla due to the dates