Late Arrival of NTK

ckywill

Hi,

Just a quick clarification on the information in the newbie thread.

I received a windscreen PCN on 02/04/2016, i did not appeal the PCN.

I have now received a NTK from TNC Parking Services dated 09/06/2016.

This is 68 days after original ticket and i believe therefore makes it invalid? Or does my lack of appeal in the first 28 days negate this?

Thanks

Will

dazster

No your non-appeal is irrelevant. They have failed to comply with the requirements of PoFA 2012 Schedule 4 so there is no keeper liability.

You can appeal against the NtK.

Or you can write to TNC pointing out (i) their failure to engage keeper liability (ii) that you will not be identifying the driver to them, and (iii) therefore they have no further reason for retaining your personal details and must now delete them in compliance with the DPA (they will probably treat such a letter as an appeal anyway, but put them on the spot by stating that it is a formal Section 10 Notice to cease processing your personal details).

Whatever you do, do not give any clues as to who was driving. You are the vehicle keeper, that is all they need to know.

ckywill

I have drafted a response to TNC, does this cover all the relevant points?


xx/xx/2016


Dear Sirs

Re: PCN No. my number

I challenge this 'PCN' as keeper of the car.

As outlined in your Notice to Keeper (NTK) dated xx June 2016, the Parking Charge Date is xx April 2016 meaning the NTK was sent 68 days after issue.

This is a failure to engage in keeper liability as per the requirements of PoFA 2012 Schedule 4. I will not be identifying the driver.

Under the Data Protection Act 1998 you have no further reason to retain my personal details and must delete them immediately.

This is a formal Section 10 Notice to cease possessing my personal details.


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

Yours faithfully,


Anything that you would suggest changing or adding?

Thanks

Will

dazster

Looks good to me! Short and to the point.

Umkomaas

This is a formal Section 10 Notice to cease possessing my personal details.

I think you mean 'processing', unless you mean retaining 'possession' of your details? Other similar responses I've seen in this context refer to 'processing'.

Just a 'check-it-out' heads up for you.

ckywill

Following on from this i submitted the above to TNC via both their online form and via post, they have since sent two letters completely ignoring what i have said.

The latest letter is headed "Notice of Intention to Advise Client to Issue Summons".

Any advice on how to proceed with this at this stage if they are ignoring my letters?

Thanks Will

Guys_Dad

I would actually refer thm to and quote the relevant section from POFA just to make sure.

Redx

as this is a civil matter they cannot issue a "summons" , only an MCOL

report them to the BPA for failing to deal with your appeal, giving the BPA copies of the pcn , your appeal , the letters you have received so far and a copy of any proof of posting

aos at british parking is where you complain

you complain that the appeal has not been dealt with/ignored and no rejection/cancellation has been issued and no popla code given either

who is the "client" ?? (which PPC ?)

do not mention the windscreen notice at all

ckywill

The client is P4Parking who i have been unable to contact as my PCN and Car reg does not work on their appeal system and i cant find a place to send mail to.

Redx

it seems that TNC are doing the "back office work" so do as I said and report them to the BPA AOS enforcement for failing to deal with the NTK appeal, with copies of all documents etc, and mention that its on behlaf of P4 parking who you cannot deal with direct

Umkomaas

Law of agency will apply. P4Parking is responsible for the actions of their agent, who is clearly misrepresenting their client's standing and misleading the public in threatening the issue of a 'summons'.

Definitely time to press this home via the BPA. Time for them to be tested in terms of what they are going to do about this.

Haven't heard of/from Steve Clarke for some months. Is he still at Haywards Heath?