UKPC PCN on my parking bay

dalgis

Quentin wrote: »

So was the NTK addressed to the keeper or not?

The NtK was addressed to me, and I'm not the registered keeper.

As of today, I'm not aware of the actual keeper having received any more correspondence from UKPC.

Quentin

dalgis wrote: »

The NtK was addressed to me, and I'm not the registered keeper.

As of today, I'm not aware of the actual keeper having received any more correspondence from UKPC.

So it's a nonsensical NTK!




According to #9 (dated 30/3/16) your friend had appealed the ticket (around that date).


There hasn't been time for this to be replied to yet!

dalgis

Quentin wrote: »

So it's a nonsensical NTK!




According to #9 (dated 30/3/16) your friend had appealed the ticket (around that date).


There hasn't been time for this to be replied to yet!

Yes, absolutely!!! That letter made no sense at all, it was addressed to me as a keeper which I'm not, and they got rid of the Early Pay Discount as well as implying they had obtained my data from the DVLA. That's why I called them (which I've now learned not to do again :A) because I didn't understand what was going on.

Coupon-mad

I think I would wait until 25/26 days have passed since the date of that 'NTK' and if UKPC have since replied to the keeper's appeal then fine, you will already have a POPLA code.

If by day 26 after the date of the NTK you and your friend have heard nothing, submit another appeal online in your name as 'keeper' and state you cannot understand why they have written to you suggesting they got your data from the DVLA when they cannot have done because you are not listed there as the registered keeper. But on the day, you were the 'keeper' of the vehicle but the driver has never been admitted in this instance. In any case, the signage on site is known to be woeful and you wish this to be considered an appeal and you would be happy to fight this at POPLA.

But do not respond yet.

It would have been better not to have given them your name at all. The best thing was simply to wait for the rejection letter to your friend but I can't see that happening now. I'd still wait a bit, though, to time them out for getting the right data from the DVLA.

All the time, you want this to 'time out' so they cannot get your friend's data from the DVLA and can't hold you liable either because they did not get your name from the DVLA (as per POFA Schedule 4, they have to).

So sit tight for now and diarise that YOU will have to appeal the NTK you were sent, by day 26, if they do not respond to the first appeal.

bod1467

BTW ... as the car was parked in your space you could argue that you were the keeper on the day.

POFA says absolutely nothing about the registered keeper, merely the keeper.

getmore4less

bod1467 wrote: »

BTW ... as the car was parked in your space you could argue that you were the keeper on the day.

POFA says absolutely nothing about the registered keeper, merely the keeper.

I was wondering this as this would be an easy get out

I am the registered keeper I am not telling you who the driver is or the keeper at the time.

so checked - it says

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

I read that to mean unless you notify of the real keeper at the time the registered keeper is the keeper under POFA(my bold).

Which of course give the option for more delays if you want to go down that route.

In this case we so have a potential genuine keeper that was neither driver or registered keeper.

bod1467

Well remembered about that specific clarification ... I'd forgotten the bold bit.

But I agree that it's a possible option, to keep the issue away from the friend as either driver OR keeper. However that might also depend on whether OP was insured to drive friend's vehicle. (If it ever went to court and the judge asked).

Coupon-mad

I thought I'd already said that clearly enough?!

If by day 26 after the date of the NTK you and your friend have heard nothing, submit another appeal online in your name as 'keeper' and state you cannot understand why they have written to you suggesting they got your data from the DVLA when they cannot have done because you are not listed there as the registered keeper. But on the day, you were the 'keeper' of the vehicle but the driver has never been admitted in this instance. In any case, the signage on site is known to be woeful and you wish this to be considered an appeal and you would be happy to fight this at POPLA.

dalgis

Update:
Today is day 26 since the last letter I received. Neither me nor my friend have received any more correspondence from UKPC after I reappealed in my friend's name.

Coupon-mad wrote: »

If by day 26 after the date of the NTK you and your friend have heard nothing, submit another appeal online in your name as 'keeper'

I have attempted this but the website gives me the following message:
"Your charge is currently on hold and is under appeal investigation, should you have additional information, please send it to our postal address PO BOX 1087, Uxbridge, Middlesex, UB8 9UR."

Will try again tomorrow, or until any more correspondence is received I imagine.

The_Deep

Personally. I would ignore this thoroughly traduced company from now on. You have enough not only to see them off in court, but to make them pay for their temerity. If they were to issue a claim, you would be in a good condition to issue a counter claim, and also perhaqps make a claim for unreasonable behaviour under CPR27.142(g).

It is about time their targets started playing hardball.