UKPC - NtD & NtK Reg Do Not Match

TechieD

Hello, first i have read through the newbie thread and have missed the 26 day appeal for the NtD. There was no appeal as the initial NtD had a single mistake on the vehicle registration. The NtD was issued 10/12/16. The NtK was dated for the 10/01/17 but received 14/01/17. The NtK also now has the correct vehicle Registration as well as the statement that "This parking charge notice supersedes <previous reference> which has been reissued." I would like to know what options i have.

Thank in advance

T

Coupon-mad

Just send the usual template appeal (from the NEWBIES sticky thread) online now and add that the keeper cannot be held liable because the details on the NTK do not repeat the information in the NTD. POFA Schedule 4 has not been complied with and if the NTK does 'supersede' the windscreen PCN then it fails on all counts as it is too late to comply with paragraph 9 as well.

UKPC will write asking who was driving - ignore that! Await your POPLA code.

TechieD

This is the reply i sent.


Dear Sir or Madame,

Re: PCN No. <New PCN>

I challenge this 'Parking Charge Notice' as Keeper of the Vehicle for the reasons outlined below, and therefore expect this Parking Charge Notice to be cancelled forthwith.

1) The original Parking Charge Notice numbered <Old PCN>presented as Notice To Driver, has a registration number given which does not match any vehicle for which I am the Registered Keeper. This was therefore not compliant with the British Parking Association's (BPA) Code of Practice, and further fails the Protection of Freedoms Act (PoFA) 2012, schedule 4., which therefore nullifies the Parking Charge Notice as it was issued with an incorrect Vehicle Registration Number (VRN). Therefore the Notice to Driver was NOT given correctly.
2) Your Notice to Keeper, dated 10th January 2017, and referenced as Parking Charge Notice numbered <New PCN>, fails schedule 4 of PoFA as it does not accurately repeat the (incorrect) information given on the original Notice to Driver (referenced as Parking Charge Notice number <Old PCN>).
3) The re-issued Parking Charge Notice number <New PCN> further fails paragraph 9 sub-paragraph (5) of PoFA (2012) which states "The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended." due to its date of issue being 31 days after that on which the specified parking permit of the original alleged infraction given in Parking Charge Notice <OldPCN>expired (10th December 2016). Without a valid Notice To Driver, any Notice to Keeper would have to have been served by day 14 to be PoFA 2012 compliant. You have failed in this regard, and I am merely the registered keeper so am not liable.
These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the actual landowner. However, your case is fatally flawed, by the lack of a Notice to Driver which cannot be re-issued retrospectively to the correct VRN. I have the original as proof for POPLA and would also argue you had no reasonable cause to obtain my data whatsoever, so I will be sending a complaint to the DVLA about your pursuit of a flawed PCN.
Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.
Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.
Please issue your cancellation within 35 days of this letter, or supply a POPLA
code if you accept the above terms.
I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

pappa_golf

the details on the NTK do not repeat the information in the NTD.


umm , got a parkwatch / defence systems case here , the NTK and NTD are blatently different , as in the notice to driver states payment to defence systems LTD trading as Parkwatch <full stop> but the NTK says to pay parkwatch LTD

defence systems are registered as a ATA , and with a company number , Parkwatch LTD are not in an ATA and are registered as a different company (different number)

now in the words of the BPA

Good Afternoon,



Thank you for your email and my apologies about the delay in our response.



The payment will go to Parkwatch which is a trading name for Defence Systems Limited. The notice advises Parkwatch Ltd in error however we would still consider the notice to be valid.

Sean_007

Hi
How are you posting this it states only 2000 characters long, yet the text contains 3658 with spaces.
Any help is greatly appreciated.

Fruitcake

Sean_007 wrote: »

Hi
How are you posting this it states only 2000 characters long, yet the text contains 3658 with spaces.
Any help is greatly appreciated.

Attach it as a pdf and put a comment in the 2000 character limit box to this effect.

Sean_007

I'm unable to create a pdf as I only have adobe reader.
Please advise.

Half_way

I'm not sure about ms word, but in open office/libre office under save document there's an option to save/export as pdf

Sean_007

Thank you so much word did do it for me.

Sean_007

Letter sent lets hope it works,
Thank you for everyone's help, it's greatly appreciated.

Sean_007

Just a quick update.
I have today received a reply from my appeals letter and I'm pleased to say that they have cancelled the parking charge, with the letter I composed from this page
I'd like to thank everyone that assisted and helped me through this.
Thank you so much everyone without all your help and guidance I most certainly wouldn't have got this charge cancelled.
Thank you.