Parking ticketing limited appeal

Coupon-mad

Stop trying to rush to upload it, the PDF is not finished yet so stop the half-done POPLA appeal for a few hours at least...or work on it a day or two more, if the POPLA code is not past day 30 yet.

Why quote all of this, all of which IS on the NTK? Remove it all. No idea why you didn't follow the NEWBIES thread back in May and appeal on day 26 to stop any NTK arriving at all...you had your chance then and waited for the NTK instead. Not a good plan.

Which car the ticket relates to
What land the car was parked on
The period the car was parked
Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full
State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when
Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements
Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver
Identify the !!!8220;creditor!!!8221; who is legally entitled to recover the parking charge
Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that 'creditor' will be entitled to recover the parking charge from the registered keeper.
Details of the discount for payment within 14 days, The Discount should be at least 40% of the full charge under the BPA Code of Practice (applies to BPA Members only)
Date of the notice
Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.
A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either
1. (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
2. (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose !!!8220;working day!!!8221; means any day other than a Saturday, Sunday or a public holiday in England and Wales.
The notice to keeper must be accompanied by any evidence prescribed in Regulations made under paragraph 10 of Schedule 4 of the Protection of Freedoms Act 2012. As at February 2013 no such Regulations have been made.
If a Notice to Keeper has been issued and the PPC knows who the driver is then the PPC may have improperly obtained the registered keeper details from the DVLA.

The issue with the NTK is that it fails to 'repeat the information from the PCN'. Castle told you this is the issue:

The increase to £120 means that the NTK fails to repeat the information on the NTD; and therefore, they have failed to comply with the requirements of POFA.

8(2)c
The notice must:
state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);

And where is your section about 'no grace period allowed', bearing in mind you said:

was only less than 10 min

That wasn't even enough time for a driver to have fetched a permit from adjacent premises. Quote the BPA CoP on Grace Periods.

Sami2me

Sorry Coupon-mad, too much to digest at once first ticket i am challenging i have now reviewed letter and included
1. ntk failed to copy ntd by charging £120 not £100
2. Grace period
3.The operator has not shown that the individual who it is pursuing is in fact the driver
4.The signs in this car park
5.No evidence of Landowner Authority

Coupon-mad

Much better.

Sami2me

Popla appeal submitted and they have replied with lots of photos of the signage dated 2014 they also provided copies of the contract with land owner start date 2014 no expiry date

They also mentioned £100 in all documents nothing they said about £120 which the ntk requested in the post

There is no mention about who was driving at the time neither.


Popla now requesting me to comment on the evidence but what to say ?
I can upload the documents and contracts they provided

nosferatu1001

Well do they answer your appeal points?
Or is it he usual attempt to gloss over glaring holes?

Go through it, in detail. Is the map accurate? Is it a real map, or just a google maps print with some squiggles on it? Are they the actual signs there or not? How can they prove those signs in 2014 are4 still there now? How can they prove they are still in place, if they are legible, still it etc?

Some fairly obvious questions to ask of their "evidence"

Sami2me

Well do they answer your appeal points?

They havent for most of them
They have not provided proof who was driving, they haven't provided how long the car was there for (grace period) they haven't justified why the ntk didn't match the ntd by increasing to £120 (their documents show £100)
They crossed names from the contracts

nosferatu1001

So of course that forms your comments!

As a query - have you read up on other POPLA comments? Simple yes or no
If you answer NO you can probably guess what you will be told next...

Sami2me

What do you mean ? popla email just said there is a new evidence from the operator and i need to comment within 7 days, having a look at the evidence they supplied there is a copy of the letter sent to me with £120 and another one from their system showing £100 surely they are not silly to provide both ?

nosferatu1001

What I mean is: have you read other threads on here where people have commented on evidence provided by the PPC, or not?

Dont you mean they ARE silly to provide both?

Ive given you loads of hints here. If the NTK doesnt match the NTD then of course the keeper cannot be liable, as POFA requires the two match.

Sami2me

They also provided notice to driver but it doesn't have my car details it have another car like test*** don't know if I should point that to popla , the landowner contract have a start date or 2014 but no end date I will point that too in the comment,