NTK deadline vs POPLA deadline

fcfcfc83

Hi,

In September I received a windscreen ticket. I read the newbies post thoroughly, then used the template to appeal to the parking company after 25 days, as recommended.

They replied the next day, denying the appeal (of course). According to POPLA, I have 28 days from the date of the appeal refusal to submit the appeal to POPLA. That takes it to 54 days after the initial windscreen ticket.

The forum suggests that if the postal NTK hasn't arrived by day 56 then it could add to my POPLA appeal. I still haven't had a NTK but I'm confused about how it could add to my POPLA appeal when I need to submit the appeal before day 56.

Any help would be much appreciated.

Thanks!

Dave_TH

Which PPC ?

fcfcfc83 wrote: »

Hi,

In September I received a windscreen ticket. I read the newbies post thoroughly, then used the template to appeal to the parking company after 25 days, as recommended.

They replied the next day, denying the appeal (of course). According to POPLA, I have 28 days from the date of the appeal refusal to submit the appeal to POPLA. That takes it to 54 days after the initial windscreen ticket.

The forum suggests that if the postal NTK hasn't arrived by day 56 then it could add to my POPLA appeal. I still haven't had a NTK but I'm confused about how it could add to my POPLA appeal when I need to submit the appeal before day 56.

Any help would be much appreciated.

Thanks!

fcfcfc83

Ethical Parking Management

Fruitcake

You can say that you have not received a POFA 2012 compliant NTK, or that you have not received a NTK at all. By the time PoPLA have dealt with this and contacted the PPC, it is unlikely that the PPC will be able to get a NTK out to you at all inside four days. Even if they do get one out, it is unlikely to be POFA 2012 compliant.

It all depends on timing your PoPLA appeal right down to the last minute. Once you receive the PPC's evidence pack you will have a chance to rebut anything they say, provided it is in your initial appeal. You can't omit non-POFA compliant NTK from your appeal and add it later, it has to be in your PoPLA submission, so you only have the two choices above.
Non-compliant, or non-existant has to be in your appeal.

Coupon-mad

It's all fine because:

1. You can use a POPLA code just beyond the 28 days, by a few days. It still works.

2. If you are not that brave, then be aware that the 56 days is the date by which a compliant NTK must be served to you (received at your house), not just bunged in the post. Ethical won't even hear about this POPLA appeal nor get themselves in gear to respond until it is too late.

Is this in Brighton or Hove? Or Worthing? Ethical are 'local' to me and I'm familiar with some of their badly-signed car parks.

fcfcfc83

Thanks guys! Very helpful.

Yes, it's Shoreham and it's definitely badly signed. I'm very confident that they're in the wrong, but I'm not so confident that POPLA will agree.

HO87

I understand the concern about POPLA but the truth is that it is the private parking world's figleaf or at least the BPA's version of it. (The IPC's version - the IAS - is a postage stamp-sized figleaf but then it has far less to obscure (the IPC has never made any secret of its desire to work around or undermine POFA).

This is the second iteration of POPLA a service provided to the BPA by Ombudsman Service Ltd - a private company. The original version, known as "Old POPLA" - run by London Councils, though not ideal certainly did its best to be consistent and all its assessors were legally trained and therefore understood legal arguments and their interaction. That does not appear to be the case with New POPLA where the only consistency is a lack of it and their assessments give all the impression of being constructed from a series of templates. There is a demonstrable lack of legal understanding and we know that their assessors are simply case-handlers.

Coupon-mad

fcfcfc83 wrote: »

Thanks guys! Very helpful.

Yes, it's Shoreham and it's definitely badly signed. I'm very confident that they're in the wrong, but I'm not so confident that POPLA will agree.

I'll send you a pm so (if you like) you can show me the letters & signage photos. As that's West Sussex I can visit the site if I'm passing in the coming weeks, if you show me where this is and some details! Others will confirm you can trust me.

I helped a fellow Seagulls fan beat Ethical at POPLA stage over the Summer, re their woeful signs at Sussex County Cricket Club and they were easy enough to knock out.

Umkomaas

@OP - Coupon-mad is the most knowledgable and prolific poster in this forum. You can trust her completely.