Multiple Notice To Keeper recieved

Castle

pappa_golf wrote: »

this guy is really struggling https://beta.companieshouse.gov.uk/company/07630266/filing-history

I suspect that he has not got the funds to press this to court , hell if gladstones do his paperwork , and !!!! up as per normal the will make him broke

4 separate IPC appeals AND check with the DVLA that this guy has actually requested your info 4 times

Their accounts for the year ended 31 May 2015 are 3 months late, so that's a statutory penalty of at least £750 coming their way.

m1lky12

Ok so I've just knocked up a appeal letter to NPC outlining the lateness of 3 of the NtKs and the non-complient NtDs received in all 4 incidents (obviously will take off and amend the lateness point for the most recent NtK).

Also had a quick re-read of the newbies thread as I used some of the lines suggested from the template appeal to the PPC from there, and it says to only mention PoFA if the company does. I've had a read of the NtKs and on their website and they don't mention anything about it, will this make a difference, I'd assume that as an official act that they should be compliant with it without having to say anything?

Also had a look at the signage on the property, apparently failure to pay the £100 means they up it to the 'maximum' £260. Seems a tad ridiculous.

m1lky12

Here's the appeal..

Dear National Parking Control,

Re: xxxxxxxxx (PCN NUMBER)
Car registration: xxxx xxx

I am writing as the registered keeper of the vehicle involved in the above parking charge to strongly appeal this parking ticket.
As I was not the driver of the vehicle on the date or time specified on the Notice to Keeper dated 26/5/2016 I am not liable to pay the charge as keeper liability does not apply for several reasons.

1) The Notice to Keeper was issued after the 56 day period specified in the Protection of Freedom Act (2012) (section 56, paragraph 8, subparagraphs 4-5).

8(4) The notice must be given by—

(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.


2) Having been made aware of a Notice to Driver left on the vehicle by the driver on the incident date, this notice fails to meet any of the criteria specified by the Protection of Freedom Act (2012) (section 56, paragraph 7, subparagraphs 1 and 2) and therefore fails as a compliant Notice to Driver, meaning this subsequent Notice to Keeper is also non-compliant.

7(1) A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(c) inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;

(d) inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is—

(i) specified in the notice; and

(ii) no later than the time specified under paragraph (f);

(e) inform the driver of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(f) identify the creditor and specify how and to whom payment may be made;

(g) specify the time when the notice is given and the date.



This parking charge fails to meet several requirements of the Protection of Freedom Act (2012) needed to enforce keeper liability, and should prove enough for this appeal to be deemed successful. However, if you still believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.
However, in my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Do not send debt collector letters and do not add any costs or surcharges. I will not respond to such contact.

Yours faithfully,
Name
Address

Coupon-mad

Yep that's fine. They'll reject it though because (of course) they don't have to comply with the POFA. It's optional, relates only to keeper liability. Just means they can't pretend you are liable 'as keeper' but might well decide they think you were the driver anyway.

I'd assume that as an official act that they should be compliant with it ?

Nope. The NEWBIES thread tells you that they DO NOT HAVE TO but can then only hold a driver 'liable'.