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NTK at POPLA stage

Quick question, apologies if covered elsewhere:

Sept 10: Vehicle ticketed by a BPA affiliated company on private land
Oct 6: Ticket appeal sent to company, no admission as to who driving etc
Oct 10: Appeal rejected, POPLA code issued

Now about to go to POPLA. There has been no postal NTK received by the owner of the vehicle. Does this help at POPLA - and if so how? Only ask as seen NTK mentioned a few times on threads but unclear if/how will help...

thanks

Comments

  • Umkomaas
    Umkomaas Posts: 43,449 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As long as the driver hasn't been identified in the initial appeal, non issue of a PoFA compliant NtK is potentially a slam dunk win at POPLA.

    No compliant NtK, no 'keeper liability' under PoFA.

    The PPC has 56 days from the day after the parking event to issue a compliant NtK (if a windscreen ticket), so if POPLA deadlines allow it, you need to appeal after the 56 days have elapsed. But don't hold back on your POPLA appeal if that deadline expires before day 56.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,929 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nicto wrote: »
    Quick question, apologies if covered elsewhere:

    Sept 10: Vehicle ticketed by a BPA affiliated company on private land
    Oct 6: Ticket appeal sent to company, no admission as to who driving etc
    Oct 10: Appeal rejected, POPLA code issued

    Now about to go to POPLA. There has been no postal NTK received by the owner of the vehicle. Does this help at POPLA - and if so how? Only ask as seen NTK mentioned a few times on threads but unclear if/how will help...

    thanks
    Yes it helps enormously.

    See the template appeal points shown in the penultimate page of 'POPLA Decisions' at the top of this forum board. You can use most of them! One of them is about no keeper liability due to no NTK, already written for you, but you need for or 5 other points as well, again take them from the templates in POPLA Decisions, all were newly-posted in September.

    Show us your draft and no rush, you want to submit the POPLA appeal around day 28/30 (the code WILL still work for a couple of days after the 28). That stops the PPC from suddenly serving a NTK before day 56!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Nicto
    Nicto Posts: 17 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    Thanks to you both, much appreciated, will chase these points up.
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