Notice to Keeper issued after 20 days

Ambsambs

Hello,

I received a letter today from Sheild Security stating they have received my details from the DVLA as I was the registered keeper of the vehicle specified at the time of the parking incident shown.

However, the incident occured on 17/01 and I received this letter today (07/02).

I have read that if the Notice to Keeper was not issued within 14 days then the charge is not enforceable. Is this true? If it is what should I write in my letter back to the parking company?

TIA

Fruitcake

If ANPR cameras were used, then the NTK has to reach the keeper by day 14 starting the day after the alleged incident, so the NTK is out of time to make the keeper liable.

You will still have to go through the appeals process as the parking scammers don't care about acts of parliament.

Shield Security Services are BPA members, so please read the Sticky thread for NEWBIES then send the BPA template in blue you will find there. Appeal as keeper and do not reveal who was driving. You can carefully add that the NTK is outwith the POFA 2012 and therefore the scammers should cancel, but don't hold your breath.
Expect a rejection so you will then have to make a second stage appeal to PoPLA..

Acronyms and the whole appeals process is explained in the NEWBIES.

Ambsambs

Thanks.

I read the BPA template but it didn't mention anything about NTK notices being received after 14 days. It said about unclear signage and that isn't what I want to appeal here...

Unless I read the wrong thing?

twhitehousescat

no matter what you say to shield , they will not cancel , just use the template , get a POPLa code and have a second rate appeal instead of a 3rd rate one

not the biggest company , 18 popla cases last year , but they had 2 court cases , prob off non popla cases , use the blue template do not add or ammend

The_Slithy_Tove

Ambsambs wrote: »

I read the BPA template but it didn't mention anything about NTK notices being received after 14 days. It said about unclear signage and that isn't what I want to appeal here...

While it's not normally recommended to diverge from the standard appeal text, you could always change this:

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

.
to this:

There will be no admissions as to who was driving and no assumptions can be drawn. Your Notice to Keeper is not compliant with Schedule 4 of the Protection of Freedoms Act 2012, and thus you cannot pursue me as the keeper. You must therefore cancel the charge, or offer me a POPLA code.

Guys_Dad

It is only 14 days for non-windscreen cases. Please confirm that the PPC is using ANPR and not claiming that they ticketed you. It is 28 days - 56 days for windscreen tickets and it is suspiscious that the NtK arrived just over 28 days after event.

What does their photo show - you entering and leaving or parked with a ticket on the screen??

twhitehousescat

21 days inc posting


to long , or to short in time?

was a ticket placed on the car?

Ambsambs

It is not a car park where it scans cars going in and out so there is only a photo with a date and time stamp on it.


There was no ticket on the windscreen. This is the first I have heard of it

Umkomaas

Too late for ANPR/camera capture, too early for windscreen ticket, for them to invoke keeper liability.

As they are BPA operators this can be easily beaten at POPLA on non compliance with PoFA 2012. Follow the process as per the NEWBIES sticky.

This is undoubtedly a self-ticketing event. What kind of car park was this? Have you complained to the landowner?

Ambsambs

It wasn't a car park as such. It is a road on which there is a gym and an engineering company. The engineering company have hired Sheild to monitor the parking situation.

There is a very wide concrete section which you have to drive on to get to the gym car park (the car park is not very big) and when the gym car park is full people park on the road. My car was parked half on some grass outside the gym and half on the concrete road. Apparently the concrete road is part of the engineering company's property. A few people have apparently made this mistake.

I don't think complaining to the land owner would really help.

Ambsambs

Update: so obviously Sheild rejected my appeal so I have now appealed with POPLA. They are claiming that delays with the DVLA prevented them from issuing the PCN within the 14 day time frame (they didn't. They provided a screen shot which shows they waited 7 days to send me a letter for some reason).
I'm just wondering whether it actually matters that they say "DVLA delayed the process"? Or whether I'll still win based on the fact that they didn't send it within the correct time frame according to POFA 2012?