UKPC NTK Appeal Letter – advice

beachclub

Hello,

I have been reading up on the forum and doing some research on the internet to prepare my letter of appeal against a UKPC parking charge ‘Notice to Keeper’ letter. I have received a ‘Notice to Keeper’ letter for a parking charge dating late February 2018. I have read the NEWBIES FAQ thread and assume UKPC got access to my DVLA details as a registered keeper of the vehicle before April 2018.


I need reassurance that I am taking the right course of action, please. I am new to this!


I understand that the NTK has arrived (too) late (the NTK arrived this week for a charge date on late February 2018). It means there is 'no keeper liability' possible – i.e. the ‘Notice to Keeper is not compliant with Schedule 4 of the Protection of Freedoms Act 2012, and thus they cannot pursue me as the keeper. Can you please confirm that it means that this will be beaten beaten at POPLA on non-compliance with PoFA 2012 (as UKPC are BPA operators) -read: I should not worry too much, and follow process?


Can you please confirm my best course of action is still to follow the standard procedure to appeal the ‘Notice to Keeper’:

1. using the updated forum template appeal letter in full,
2. adding ‘Your Notice to Keeper is not compliant with Schedule 4 of the Protection of Freedoms Act 2012, and thus you cannot pursue me as the keeper.’,
3. Complain to the landowner,
4. Complain to my MP and Trading Standards.

Thank you for reassurance and any further advice.:)


I am also very unimpressed by the pettiness of the alleged paking offence as explained in the letter.


Yours,

Redx

cannot CONFIRM it , only popla can do that , but yes it "SHOULD" win at popla due to the keeper not being deemed liable , providing it is appealed as keeper to UKPC and then the correct arguments are in the popla appeal

yes use the template , but add a paragraph stating that as they have failed POFA2012 the keeper is not liable and this can and will be used to popla and if necessary , in court too

so yes to all 4 questions and the course of action is all correct, well done (not everybody "gets it")

Umkomaas

Have they included a Protection of Freedoms Act 2012 paragraph stating that they will hold the keeper liable in the event of you not providing driver details?

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

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

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

beachclub wrote: »

I have received a ‘Notice to Keeper’ letter for a parking charge dating late February 2018. I have read the NEWBIES FAQ thread and assume UKPC got access to my DVLA details as a registered keeper of the vehicle before April 2018.

They just got your data in May, as the DVLA let them request data again, so your case is the same as all the other Feb/March PCNs from UKPC where a non-POFA NTK has now been posted in June:

https://forums.moneysavingexpert.com/discussion/comment/74369024#Comment_74369024

https://forums.moneysavingexpert.com/discussion/comment/74368936#Comment_74368936

Three birds, one stone...no need for further advice, tell us when you win at POPLA!

beachclub

Hi, No I have not found a 'Protection of Freedoms Act 2012 paragraph' The letter states they do not have the name and address of the driver, and therefore invite me as Registered Keeper to pay, and I should pass the notice to the driver.
I am unhappy to have all this timely process on me. However find the notice so unjustified that I feel annoyed enough to appeal.

beamerguy

beachclub wrote: »

Hi, No I have not found a 'Protection of Freedoms Act 2012 paragraph' The letter states they do not have the name and address of the driver, and therefore invite me as Registered Keeper to pay, and I should pass the notice to the driver.
I am unhappy to have all this timely process on me. However find the notice so unjustified that I feel annoyed enough to appeal.

So funny, these scammers would ask father christmas
to pay if they thought he was a mug ???

Follow what coupon-mad has said and let POPLA
scupper them.

Drongo's to the extreme

beachclub

I will keep you posted!