Notice to Keeper after 59 days

mcuk78

Hi Folks

I received a Notice to Keeper from NE Parking Ltd on the 13th October which was dated the 5th October and posted using a second class stamp.

The parking charge is for not parking within the bay on the 07th August 2017 as the driver side front wheel was just touching the inside of the parking bay line. No ticket was left on the windscreen on the 07th August.

I did some research and sent them the response below by e-mail on the 16th October.
There appeals service uses ‘IAS’

As I did not use the template on this forum should I send them another email using the template or should my e-mail be sufficient?

In addition to this I have not received any delivery notification from their e-mail system to confirm my e-mail has been delivered.

Thanks for your help in advance.
********************************************************************************************************
I challenge this Parking Charge as keeper of the car, on these main grounds:

Your Notice to Keeper was not received within 14 days so keeper liability does not apply.

The date issued at the top of the PCN 5th October 2017 clearly shows it is 59 days after the alleged event on the 07th August 2017 and therefore provides the evidence that I could have not received the PCN within the 14 days.

The Notice to Keeper fails to meet the obligations of Schedule 4 of the POFA Act 2012.
The purpose of having a specified time scale for keeper liability to apply is that after a period of time, the keeper may not recall who was driving at the time, as is the case in this instance.

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

I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

I invite you to cancel the charge or provide me with a POPLA code where, I am confident, they will cancel the charge on this point.

**********************************************************************************************************

Redx

go to their WEBSITE and fill in the online form , as KEEPER in their menu , copy and paste the black text template from the NEWBIE sticky thread - if this is possible

dont rely on emails

mcuk78

Thanks Redx. Will do that now. Should I also mention the notice was not received within 14 days or does that not matter.

mcuk78

Hi Redx.

Just checked there website and they don't have any online form that you can fill in.

You can only e-mail them.

Redx

ok , email it again , and if they failed POFA2012, tell them

but do not under any circumstances hint at or reveal who was driving