Parking Fine Query

Coupon-mad

Yes, draft a POPLA appeal & show us first, unless you want to pay them £15.

You can tell we've seen this umpteen dozen times before! Knew they'd do that!

fisherjim

milzy246 wrote: »

I emailed them the message as you suggested and at first I didn't understand the £15 admin fee reference..but I received a letter today stating I could pay the 'reduced rate of £15 as a gesture of goodwill'....now it makes sense!

So as well as the 'gesture of goodwill' amount, they have also provided a POPLA reference number. Do I now lodge an appeal with POPLA?

They have offered the "goodwill" gesture because they know they will loose a well informed POPLA appeal.
The £15 is a figure they hope will make you cave in so they get at least something out of you.

Use your POPLA appeal and cost the scammers money instead but let the regulars see it first on here>;)

milzy246

Nope-I won't be paying! Definitely will be appealing! I'll write up my appeal and post here! Thanks so much for your help thus far!

milzy246

I found this appeal wording that seemed to fit my situation with the late issuing of the NTK;

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)!!!8212; (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 !!!8216;If a notice to driver has been given, any subsequent notice to keeper MUST be given in accordance with paragraph 8.!!!8217;

The NTK must have been delivered to the registered keeper!!!8217;s address within the !!!8216;relevant period!!!8217; 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 within this time, 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.



Do I need to mention that I provided a copy of the disabled badge that UKPC requested?

Coupon-mad

No, you do not want to imply who was driving so no Blue Badge for POPLA, which you will do online by clicking 'OTHER' and attaching your entire (long) POPLA appeal PDF (3 or 4 template appeal points).

The above is ONE of those points, but you need more. As per post #3 of the NEWBIES thread.

A POPLA code only lasts about 30 days so don't leave it too late to submit to POPLA, and DON'T post it.

milzy246

I also intend to include the poor signage, and failure to identify the driver-I tried to copy and paste it here, but it wouldn't let me. I will obtain a picture of the sign to include-is this enough-or do I still need to find more?

Sorry-I'm feeling a little like a fish out of water! I'm truly overwhelmed with the amount of information I'm coming across, and trying to understand it all to know what applies to me and which doesn't

Coupon-mad

Just read post #3 of the NEWBIES thread, they all apply to you...

milzy246

Thank you all for your help-especially Coupon-Mad! I received an email from POPLA stating UKPC did not want to contest the appeal...and my appeal was successful!!

Coupon-mad

Easy when you know how, the 'fish out of water' soon learned how to swim! Well done!