PCN / NTK Advice Please

crimestopper123

Hi All,

Another NEWBIE I'm afraid.. I have read the NEWBIE threads and links etc. a few times now but have a couple of questions, sorry

Received a 'Parking Charge Notice - Notice to Keeper' from Britannia Parking which is the 1st I knew about the alleged parking contravention - Reading the NEWBIE forum I will send the standard BPA Appeal Template which I presume will be automatically declined meaning 2nd stage POPLA appeal..

However a couple of questions:

1.) Is it normal for companies such as Britannia to now send PCN / NTK at the same time / in one letter? Reading past posts it appears these companies usually send a PCN followed by NTK

2. Britannia Parking (reading a previous post) "don't issue POFA compliant Notice to Keepers, so a keeper appellant wins at POPLA, as long as the driver is not identified"
Could someone explain why this is the case if the POFA schedule 9. specifies:
f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
Surely this accounts for that scenario!?

Many thanks in advance

Redx

the postal pcn is the Notice To Keeper, ITS THE SAME THING , NO MATTER WHAT IT SAYS ON IT

its a parking charge notice (PCN) sent to the KEEPER as a postal Notice To Keeper (NTK)

capiche ?

they NEVER send 2 by post , they send one postal parking charge notice , this is the NTK !!!

incorrect wording is one reason

another is failing to arrive by day 15

crimestopper123

Thanks for the reply REDX,

Anyone else able to elaborate on point 2..

Thanks in advance.

Coupon-mad

Don't Britannia's NTKs say 'within 28 days' (and not explain about the date given?).

crimestopper123

Thanks Coupon-Mad much appreciated..

From what I have read on other posts Britannia haven't given an explanation in other cases but the letter I received included the part in Red which may make a difference!? Are they covering themselves adding this to their letters?

"You are advise that it, after 29 days from the date given, the Parking Charge has not been paid in full and we do not know the name and current address of the driver, we have the right to recover any unpaid part of the Parking Charge from the registered keeper. This warning is given to you under Paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of that Act."

Thanks again

Coupon-mad

Yes they are covering it, but did it arrive by day 14?

crimestopper123

Yes unfortunately - came within 7days!!

Coupon-mad

What contravention and have they proved it? ANPR images with in/out times or what?

Have you exhausted the Plan A of complaining to the retailers?

crimestopper123

Yes have ANPR images - Contravention was 'Longer than Maximum Stay' In / Out Times specified!

Did think about contacting Retailer but thought that might highlight who was driving which i thought could hinder any appeal.. Could try this if not..

Thanks again..

KeithP

You say you read the NEWBIES thread.

Within the first few paragraphs you'll find:

Redx

crimestopper123 wrote: »

Yes have ANPR images - Contravention was 'Longer than Maximum Stay' In / Out Times specified!

Did think about contacting Retailer but thought that might highlight who was driving which i thought could hinder any appeal.. Could try this if not..

Thanks again..

depends on the 2 grace periods allowed by the BPA CoP, maybe 5 to 10 minutes to park up , read the signs , get a ticket

and OVER 10 MINUTES to leave at the end of the parking period

as for the retailer , it was an OCCUPANT of the vehicle that was the customer