UKPC - Stevenage Leisure Centre - Reply to standard template

cufc01

But they already have my address as its a condition of posting when i had to put it in the online form, when sending the appeal on day 26. About two days later I heard of their DVLA ban. Hence my concerns.

Coupon-mad

Even if they mocked up a NTK using the data you gave them, it can't be issued under the POFA, you will know why when you read Schedule 4 (the bit about the Secretary of State).

KeithP

KeithP wrote: »

What was the date of the alleged parking incident?

And the answer is...

cufc01

..... sorry KeithP the date was 4/4/18

KeithP

So because there was a windscreen ticket, UKPC are not allowed to get keeper details from the DVLA until 28 days after the event.
By that time they had already been banned by the DVLA.

As C-M (almost) said, without DVLA access any NtK is not capable under PoFA of transferring liability from the driver to the keeper.

So as long as no-one tells UKPC who the driver is, no-one can be expected to pay their speculative invoice.

That won't stop them trying though. Keep your wits about you.

cufc01

Thanks Keith.

At no stage has a driver ever been named and in my standard template letter, I stated that I wouldn't ever be doing so.

But when making the appeal online, you have to state who the keeper is and give your address.

So do they still have to go via DVLA (to which I now know they have no access to), to issue the NTK, even though they have that information?

Quentin

See #13! .

KeithP

cufc01 wrote: »

So do they still have to go via DVLA (to which I now know they have no access to), to issue the NTK, even though they have that information?

My understanding is, and C-M stated it too, unless they get the keeper's name and address from the DVLA, then any NtK issued is not capable transferring liability to the keeper.

That's now twice I've said that.

Please read Schedule 4 of The Protection of Freedoms Act for further detail. There's a link to it in post #1 of the NEWBIES FAQ sticky thread.

cufc01

Thank you for explaining it so clearly.

Sorry for asking questions, 'tis all a bit of a worry, but not so much now. How long do they have to issue their NTK? Is it upto 56 days from the date of the original PC?

KeithP

cufc01 wrote: »

Thank you for explaining it so clearly.

Sorry for asking questions, 'tis all a bit of a worry, but not so much now. How long do they have to issue their NTK? Is it upto 56 days from the date of the original PC?

Yes... thereabouts.