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Advice on NTK

Hi,

I am looking for some advice please. I am the keeper of the vehicle and not the driver of the alleged offence.

I received the first NTK 52days after the offence which had the wrong time. I sent a letter to the PPC stating the car was not in the location at the time stated on the NTK. They have acknowledged the mistake and have said the keeper liability is still valid.

They have since reissued the second NTK with the correct time, however the new NTK is dated 90 days after the offence.

I am right in saying the first NTK was invalid as the details were incorrect? The second NTK is beyond the timeframe allowed by POFA 12 section 8 (5) as has gone beyond 56 days since the alleged event ie there is no keeper liability and the only liability is with the driver?

Both NTKs were for the same PCN.

Thanks

Comments

  • Umkomaas
    Umkomaas Posts: 43,767 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They cannot change the details, the first NtK is the one that needs to be dealt with - but obviously carefully keep both.

    Which parking company?

    When you say 'wrong time' - could you expand on that please?
    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
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What a dilemma. Fight the first PCN with the wrong info, or fight the second NTK that fails to meet the strict timescales of POFA.

    I'm not sure of the best way to do this. Perhaps a complaint to the BPA and DVLA that you have had two PCNs for the same alleged event would be in order.

    Hopefully the more knowledgeable will be along to help soon.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • sgb
    sgb Posts: 3 Newbie
    Which parking company? PCP Enforcement Agency

    When you say 'wrong time' - could you expand on that please? On the first NTK the company put 23:05, when the alleged offence happened at 11:05am. They corrected the time to 11:05 on the second NTK.

    The company has acknowledged the first NTK was incorrect when I reply to them stating my car was not at the location at specified time, so I assume this is cancelled but they said the charge was still due. Is this correct?

    The second NTK I assume supersede the first, as both have the same PCN number but the second was outside the POFA time frame and I was not the driver. Is the second NTK invalid?

    This is the first time I have been through this, so any advice welcome?
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nothing makes a NTK invalid unfortunately.

    PCP is the trading name of Parkshield Collection Ltd, IPC members.

    Are the NTK numbers the same on both NTKs? If so then I would appeal the second one using the IPC template in black from the NEWBIES thread, and add that the PCN is too late according to the POFA for keeper liability to apply, so please sod off and contact the driver only, who you decline to name.

    When the inevitable rejection arrives you go into ignore mode as explained in the NEWBIES unless real court papers in the next six years.

    Complain to the DVLA that you have received two NTKs (assuming the numbers are the same) with different details for the same alleged event.

    Complain to your MP, Mrs May, and Andrew Jones MP. Tell them that your vote will depend on their reply.
    Some MPs (not many) are clued up on this scam. Always tell your MP to talk to The Right Honourable Jacob Reese-Mogg MP, as he is an expert in this matter and was very forceful in the recent parliamentary debate on this subject.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,767 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ^^+1^^

    Great post, great advice Fruity. :)
    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
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