NTK received...

maverick27

Just to confirm:

PCN on windscreen on 16th May 2015.

NTK sent 24th Novemeber 2015.

They are not allowed to seek the charge from me as the keeper as 56 days have elapsed since the event happening and the NTK being received. And I am not obliged to tell them who the driver was.

Should I write back or simply ignore?

catfunt

Need more detail.

Who is the PPC?

Was it a company/lease car? That may have caused a delay in you getting the NtK...
If not, then they have not complied with POFA, if you're in England or Wales.

maverick27

CM Services LTD

Private Car

catfunt

Ok, they don't ring a bell.. trying to find out whether they are BPA or IPC, may well be the latter, I will have another look through the lists.

The Notice to Keeper should offer a clue - what logos are on the letter?

Edit: I've been through both lists and I cant see them anywhere, even hidden away in smaller print "trading as...." etc.

They have to be a member of an AOS to get the registered keeper's details from DVLA.

Are you able to redact the NtK (blank out any identifiable details - including the PCN number and any scannable codes) and post it on a hosting site and post a link here?
You'll need to replace the "http" with "hxxp" or something, as new users can't post links on here yet.

Redx

yes you appeal it, dont ignore it

use the template letter from the NEWBIES sticky thread, also adding a note that POFA 2012 does not apply due to the time lag so contact the driver (who shall not be named)

catfunt

:wall:Found them. They are IPC, so no POPLA, only the kangaroo court known as IAS.
Don't know how I missed them on 2nd and 3rd look

maverick27

Is there a template letter for my particular situation eg they have elapsed the time in which to contact me as keeper following the incident?

Fruitcake

maverick27 wrote: »

Is there a template letter for my particular situation eg they have elapsed the time in which to contact me as keeper following the incident?

The template letter in the NEWBIES thread is a general appeal. Just add an extra point that the NTK is non POFA complaint, quoting the relevant paragraph of said act and explain why the NTK does not comply. Make sure you don't reveal who was driving though, that's why the template is written the way it is.


Or just send the template exactly as it is and save the non POFA compliant bit if you want to make an IAS appeal instead of ignoring after your first appeal is rejected.

maverick27

I've found someone else on another forum who was/is in a similar situation to me and they drafted this letter:

"I am writing to you as the registered keeper in receipt of an invoice for a Parking Charge Notice which was received xx/xx/xxxx. This is for an incident which is stated to have occurred xx/xx/xxxx. This is the first incidence in which I have received any form of correspondence from Comprehensive Management Services and as such, more than 56 days prior to the receipt of your notice have elapsed. In this case, CMS Ltd have not complied with with requirements of the Protection of Freedoms Act 2012 to impose keeper liability. In which case, the matter must be taken up with the driver of the vehicle.

As the keeper of the vehicle, I shall not enter into any further communications with Comprehensive Management Services. Instead this matter must be addressed to the driver of the vehicle.

Should you disagree with my assessment of the state of affairs, please provide access to an alternative dispute resolution that substantively complies with Schedule 3 of The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

Please note that should this matter progress to a competent ADR entity, I shall invoice Comprehensive Management Services for the costs of preparing an appeal at £18p/h or part thereof."

Would this be ok?

Umkomaas

What are you hoping for?

maverick27

Also I cant see the 56 day reference in the POFA:

Cant post the link on here, but if anyone could direct me to the exact paragraph/clause it would be much appreciated.