NTK Received After 4 Weeks

BobSmith5

KeithP wrote: »

I think you need to re-read what I posted earlier:

Oh, thank you. I thought you were referring to the appeal letter.

BobSmith5

Hi,
I'm currently drafting my appeal letter, however I am not able get photos of the sign used. Will this be an issue?

Would someone be able to check this over for me, please?

Dear Sir/Madam,

I am appealing this parking ticket, as ParkingEye's Parking Charge Notice is not compliant with the Protection of Freedoms Act 2012 (POFA) due to the dates and the wording used. I am the registered keeper of this vehicle.

Under schedule 4, paragraph 4 of the POFA, an operator can only establish the right to recover any unpaid parking charges from the keeper of a vehicle if certain conditions must be met as stated in paragraphs 5, 6, 11, and 12. ParkingEye have failed to fulfil the conditions which state that an operator must have provided the keeper with a Notice to Keeper (NTK) in accordance with paragraph 9, which stipulates as mandatory, a set timeline and wording:-

The notice must be given by:
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

The applicable section here is (b) because the Parking Charge Notice/NTK that I have received was delivered by post. Furthermore, paragraph 9(5) states:

"The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended."

In fact, this NTK arrived over three weeks after the alleged event. This means that ParkingEye have failed to act within the 14 day relevant period. The date of the event in question was on xxxx. The NTK was received on xxxx, though issued on xxxx.

There has been no proof of the driver of the vehicle, and therefore ParkingEye have failed to provide a POFA compliant NTK.

Yours faithfully,
...

BobSmith5

Umkomaas wrote: »

You seem to have a Golden Ticket (look it up via a forum search) so you can kill it at POPLA.

Have you had your POPLA Code from PE? If so, we will help you develop a winning appeal. Draft something up, using the advice in the NEWBIES FAQ sticky, post #3.

Easy enough, with the right amount of effort on your part. Go for it!

Apologies for bumping the thread, but would it be possible to check through my appeal above?

Thank you.

Coupon-mad

It's fine, submit it online, choosing 'registered keeper'. You win at POPLA, can't lose.

The_Deep

Parking Eye were named and shamed in the HOC last week as scammers and legislation is in hand to close them down Watch this

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

Complain in robust terms to your MP. If everyone who gets a ticket from these scammers, the more brutal will be the sanctions they will have to endure, bot

BobSmith5

Coupon-mad wrote: »

It's fine, submit it online, choosing 'registered keeper'. You win at POPLA, can't lose.

Do I need to provide an upload of the letter I was sent, or will they have a copy of that?

KeithP

Just submit your appeal.

If they have not kept a copy of what they sent you, that's their problem, not yours.

BobSmith5

KeithP wrote: »

Just submit your appeal.

If they have not kept a copy of what they sent you, that's their problem, not yours.

I mean for appealing to POPLA. Parking Eye already rejected my appeal.

KeithP

Oh wait... are you saying post #13 is a PoPLA appeal?

BobSmith5

KeithP wrote: »

Oh wait... are you saying post #13 is a PoPLA appeal?

Yes. Will that suffice or no?