NTK from the DVLA?

sjtee

Hi all,

Recently sent off the 1st appeal template from the 'Newbie sticky' as the ppc firm in question is a BPA member and its currently 26 days after the 'alleged contravention'

Under the template it says 'input keeper name and address' which was also sent with the appeal.

Does the firm have to officially purchase my details from the DVLA in order to send a legitimate NTK or can they simply use the details provided on the appeal to form the NTK? It's not really clear on the sticky. If they haven't contacted the DVLA is this an illegitimate NTK?

As keeper in question, I will be contacting the DVLA to find out if the firm has purchased my details and also ask the firm to provide a copy of their parking contracts and their information obtained about me from the DVLA!

Hopefully will get them somewhere

Cheers

Redx

leave it for now because they have to purchase those details from the DVLA between day 29 and day 56 if they wish to comply with POFA2012

if they dont it does not invalidate the NTK, it means they will struggle if they failed to follow POFA2012 in getting liability onto the KEEPER

at the moment they have not sent any postal NTK to the keeper with any demands for money

Fruitcake

The scammers do not have to purchase registered keeper details if the keeper (who may or may not be the registered keeper) has provided them, but this means they haven't complied with all the strict requirements of the POFA 2012.

The hope is that by appealing a windscreen ticket as keeper, the scammers forget to apply to the DVLA in time, or fail to send a NTK at all, or send one that is not POFA 2012 compliant.

As above, don't contact the DVLA yet because the scammers may not have applied for registered keeper details yet.

bergkamp

The RK details have to be obtained from the DVLA to comply with Schedule 4.

11(1)The third condition is that—
(a)the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper’s details in relation to the period of parking to which the unpaid parking charges relate;
(b)the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);
(c)the information sought by the application is provided by the Secretary of State to the applicant.
(2)The third condition only applies if the vehicle is a registered vehicle.
(3)In this paragraph “application for the keeper’s details” means an application for the following information to be provided to the applicant by virtue of regulations made under section 22(1)(c) of the Vehicle Excise and Registration Act 1994—
(a)the name of the registered keeper of the vehicle during the period of parking to which the unpaid parking charges relate; and
(b)the address of that person as it appears on the register (or, if that person has ceased to be the registered keeper, as it last appeared on the register).

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Redx

Fruitcake wrote: »

The scammers do not have to purchase registered keeper details if the keeper (who may or may not be the registered keeper) has provided them.

sorry to say I think we disagree

POFA2012 is quite clear that the PPC has to purchase the keeper details from the DVLA if the PPC wants to transfer liability from driver to keeper because it has to be the details on the register - otherwise anybody could say they were the keeper and give false details etc

some dont bother and then trip themselves up when they try to pin it on the keeper

Fruitcake

Redx wrote: »

sorry to say I think we disagree

POFA2012 is quite clear that the PPC has to purchase the keeper details from the DVLA if the PPC wants to transfer liability from driver to keeper because it has to be the details on the register - otherwise anybody could say they were the keeper and give false details etc

some dont bother and then trip themselves up when they try to pin it on the keeper

Thanks.
I am happy to be corrected as it all helps me to learn so that I can better help others.

Redx

only if they have verified the details with their KADOE connection and paid the DVLA for those details, to confirm what they were told in the appeal

the fact is that if a driver does not appeal it within 28 days, they have to get the DVLA details and issue an NTK between day 29 and day 56 to transfer liability from driver to keeper

I doubt that anyone tends to ask the Sec of State so I discounted that in the reply , lol

no pay , no transfer of liability , fail POFA2012, they then have to try to make it stick like Excel and VCS tried with Elliott versus Loake etc

the DVLA want their ten pennorth

Fruitcake

Thanks again. I have edited my posts accordingly and hope I have got it right this time.