PCN received after 14 days - doesn't mention POFA though

savity

Good morning - Apologies for this new thread before submitting an initial appeal, but just wanted a bit of advice on what to focus the appeal on for best result.

I received a NTK from Highview parking requesting a payment of £100 for an overstay at a local retail park. The driver is alleged to have entered on 27/12/17 at *lunchtime* and left at *evening*. This in itself is false - the driver dropped some bottles off at recycling containers, and would have stayed for 15 minutes. The driver later returned to Sainsbury's at *evening* to get some snacks for a party. The PCN is of the ANPR kind, and shows incredibly grainy pictures, one of the front, one of the back. The front you can see the number plate. The back you can only see a couple of red lights and there is no visibility of the number plate. Underneath each picture they have placed a readable image of the number plate, but both are white (so front plates).

From a signage perspective it all looks above reproach, it mentions ANPR, mentions they could ask DVLA for keepers details, the charge value is the most prominant text. It doesn't mention who their contract is with as landowners, so I am not even sure if it is Sainsbury - there are lots of other retail units on the same site - but all one car park.

However, I was wondering if I just appeal on an non-compliant NTK. The date of the alleged overstay was 27/12/17. The date of notice (as printed specifically on the NTK) is 18/01/18 - therefore out of the 14/15 day required window for sending a NTK. The NTK does not mention POFA though, so I guess their first rebuttal will be that they don't have to send it within 14 days if they are not quoting POFA. Does this mean I can just say I am under no legal duty to name the driver, and they are not compliant with POFA to transfer liability to the keeper?

I'd rather quash this early on a technicality, than having to go through the process of arguing the case - although I feel that no overstay was made by the driver.

Many Thanks for your considered opinion

Fruitcake

Just start by sending the initial appeal template from the NEWBIES thread. You could add that the NTK is non POFA compliant so suggest they save themselves the PoPLA fee and cancel now.

If it gets rejected then you construct a PoPLA appeal where non POFA compliant NTK will be one of your winning appeal points.

It's all copy and paste and edit as the template appeal points are already written for you.

What happened when you complained to the landowner?

By the way, the keeper can be identified on here by the very precise dates and times. I would suggest you edit them and just call it a double dip of x - hours.

waamo

Highview nearly always fold as soon as they see a forum appeal. They know they can’t win so give up

savity

Thanks - I've edited the specifics, I was unsure whether I should send the full version of the initial appeal template, or just a cut down version highlighting the POFA / 14 days error.

I am unsure of the Landowner, so haven't spoke to them - the Landowner is not on the signs. I could go speak to Sainsburys and see if they are the landowner and if they can do anything before sending the appeal - is that the best way?

Thanks

Umkomaas

I am unsure of the Landowner, so haven't spoke to them - the Landowner is not on the signs. I could go speak to Sainsburys and see if they are the landowner and if they can do anything before sending the appeal - is that the best way?

Ordinarily we always recommend a complaint to a landowner, especially a retailers car park. It may not be Sainsbury’s, but they may be able to direct you to who it is.

But as this is a HV ticket, just whip in the full initial appeal and you’ll get a very quick response of a cancellation - often quicker than you can get the Sainsburys phone number and make the call.

We’ve had tickets cancelled in under 2 hours of the appeal being sent. Go and beat that!

The_Deep

By the way, the keeper can be identified on here by the very precise dates and times. I would suggest you edit them and just call it a double dip of x - hours.


Hardly matters with a double dip.

Coupon-mad

savity wrote: »

Thanks - I've edited the specifics, I was unsure whether I should send the full version of the initial appeal template, or just a cut down version highlighting the POFA / 14 days error.

Either the template from the NEWBIES thread, or this version, work very nicely, v Highview:

https://forums.moneysavingexpert.com/discussion/5612169

No need to do anything else IMHO, they will fold.

Guys_Dad

You don't even need the blue template when they have breached POFA. Simple 1 point appeal to HV will get the ticket cancelled. I have done this for 3 friends and got cancellation in 2-3 days.

If you still want to use the blue template, then put your out of time point first and don't get it lost in the standard generics.

savity

Just to respond to this with the outcome - in case anyone else finds my thread and wonders if the advice bore fruit.

I took a little while to respond, due to other commitments, but got round to navigating their appeals website on Sunday 4th Feb.. After carefully avoiding the selection options that confirmed the driver, I submitted the suggestion in post #7 from coupon_mad (I can't duplicate the link here as a newbie)

I had a response confirming my appeal within minutes, but stating that they were receiving a high volume of correspondence, so it may take a while to get back to us.

I then received a response on Friday 9th Feb saying they had investigated and confirm that the Notice had been cancelled in full and no further action taken.

So - thankyou for the advice on this thread and the forum, for making sure I was suitably informed about what to say or not to give me the best chance of it being cancelled.

Coupon-mad

Yay, as always!

pappa_golf

the high level of correspondance may be because of a sudden drop in DVLA access for a few weeks (wonder why?) then a massive request for info afterwards

either there "amstrad" broke down or perhaps they were not allowed access for a dew weeks , then had to chuck all the out of date ones in at once

the figures are shown in kodoe 2017 volumes