NTK dated 58 days after "offence"

nigelsmith

I've read through POPLA but I'm not clear on the issue of NTK. Ours from TNC [BPA member] is dated 58 days after the alleged parking offence, and actually arrived 5 days after that.
Does that give us grounds for appeal? Or does it change the rules under which we are being penalised in any significant way?

NTK refers to a PCN fixed to vehicle but it was not there on return to vehicle. Do they have to provide evidence it was attached?

In other respects the NTK appears to conform to regulations.
Thanks for any info.

catfunt

This looks like a 'ghost ticket' where the ticket is placed on the car, photographed by the PPC, and then removed. Whether it is removed by the PPC or not, I could not possibly say!!

It looks like the Notice to Keeper is out of time, so they can't rely on POFA to make keeper liability stick.

Therefore, follow the advice in the NEWBIES thread to send the standard appeal (in blue text) as is, nothing added, nothing taken away.
It is written as it isto make sure the driver is not accidentally "outed" - it is important they do not know who the driver was.

Redx

the windscreen ticket (missing or not) was issued to the driver on the day , and has been "ignored" (a driver cannot appeal a ticket that isnt present)

the postal notice to YOU is a keeper notice , an NTK , which has failed POFA2012

so appeal it as KEEPER as detailed above (assume I was driving)

one of the key popla arguments will be their failure under POFA2012 to transfer liability from the driver to the keeper

see this bargepole post for an explanation (post #47)

https://forums.moneysavingexpert.com/discussion/5470919

Coupon-mad

nigelsmith wrote: »

I've read through POPLA but I'm not clear on the issue of NTK. Ours from TNC [BPA member] is dated 58 days after the alleged parking offence, and actually arrived 5 days after that.
Does that give us grounds for appeal? Or does it change the rules under which we are being penalised in any significant way?

NTK refers to a PCN fixed to vehicle but it was not there on return to vehicle. Do they have to provide evidence it was attached?

If the TNC letter suggests that 'the keeper will be liable under the POFA 2012' then you must complain to the DVLA who take a dim view of lies about liability. DO NOT mention the missing PCN unless talking about 'the driver' in the third person only.

Don't imply who was driving when appealing or complaining.

nigelbb

Even if there was windscreen ticket the NTK is out of time as it must be delivered by Day 56 after the parking event (Day 0). There can be no keeper liability if the NTK is dated 58 days after especially when it will not be deemed to have been delivered at least for another couple of days.

nigelsmith

Should I mention the NTK is out of time in my appeal, or just use the standard wording as suggested by catfunt?

Coupon-mad

Yes you could add that, after the part that says they must rely on the POFA. You can then say that you are aware that they have failed to comply with the POFA in this case, because...blah blah.

nigelsmith

Thanks for all the advice everyone.
TNC have now cancelled the ticket :beer:

Coupon-mad

Great news!