Straight Forward NCP/Popla Appeal

donkler

Hello

This should be a quick one for you guys

Driver parked in an NCP car park, got Windowscreen PCN saying 'Not parked correctly within the markings of the bay space'

Appealed to NCP as advised, and lost

Got a POPLA code, today is day 57 - NO NTK

Can I just copy and paste the below to popla and win?

Thanks

Donkler

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A compliant Notice to Keeper was never served - no Keeper Liability can apply.

This operator has not fulfilled the 'second condition' for keeper liability as defined in Schedule 4 and as a result, they have no lawful authority to pursue any parking charge from myself, as a registered keeper appellant. There is no discretion on this matter. If Schedule 4 mandatory documents are not served at all, or in time (or if the document omits any prescribed wording) then keeper liability simply does not apply.

The wording in the Protection of Freedoms Act (POFA) 2012 is as follows:

''Right to claim unpaid parking charges from keeper of vehicle:
4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle. (2) The right under this paragraph applies only if

(a) the conditions specified in paragraphs 5, 6*, 11 and 12 (so far as applicable) are met;

*Conditions that must be met for purposes of paragraph 4:
6(1) ''The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8. This is re-iterated further ‘If a notice to driver has been given, any subsequent notice to keeper MUST be given in accordance with paragraph 8.’

The NTK must have been delivered to the registered keeper’s address within the ‘relevant period’ which is highlighted as a total of 56 days beginning with the day after that on which any notice to driver was given. As this operator has evidently failed to serve a NTK, not only have they chosen to flout the strict requirements set out in PoFA 2012, but they have consequently failed to meet the second condition for keeper liability. Clearly I cannot be held liable to pay this charge as the mandatory series of parking charge documents were not properly given.

Coupon-mad

Got a POPLA code, today is day 57 - NO NTK

Can I just copy and paste the below to popla and win?

Yes. That will win, it is unusual for us to see a short POPLA appeal but hey, go for it!

The appeal boxes are small/low word count, so just attach that as a PDF appeal, uploading it under 'OTHER' (do not tick any different POPLA boxes and ignore the lie that 'Other' is less successful). It succeeds when we use it!

donkler

Thank you very much - I will submit tomorrow, and let you know if I succeed.

Coupon-mad

If and when you do, can you post about it in POPLA Decisions, giving us the POPLA code and the date of decision and the wording of the decision, telling newbies that this was a 'one point POPLA appeal' on 'lack of NTK' only.

It will be useful for the future, to use your decision in other cases but we'll need the code & date.

donkler

THANKS EVERYONE

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Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference 4361797909.

NCP Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team

ET6116/001

donkler

Posted on the Popla decisions thread - Page 135

Thank you Coupon-Mad :T