Lost appeal but no NTK and too late for Popla?

Krystaltips

Evening folks.

Received a windscreen pcn from Elite Management Midlands for not displaying a valid ticket. A ticket had been purchased but wasn't on the dashboard at the time. I appealed immediately as registered keeper because I foolishly thought that having a valid ticket would be a good enough defence.

I got a rejection letter but it's worded as if I was there driver and with the glorious sentence "If you did not agree with the terms and conditions that leave you liable then you should not of parked here"

Now, I've not received an official ntk but I believe there's still time for this since i appealed too soon? And I was very careful not to appeal as the driver.

And I'm overdue appealing to Popla too. We've had a death in the family and this has been the last thing on my mind. Is it worth me trying an appeal for exceptional circumstances?

Redx

mitigation never works when appealing and POPLA wont accept mitigation at all, only legal arguments


you have 33 days to appeal to popla from the rejection date


EMM cannot send an ntk until 29 days have elapsed and to comply with POFA2012 they should send it between day 29 and day 56, which is why we tell people to appeal on or around day 28 following the windscreen pcn


being too hasty can adversely affect the outcome


if you are too late for POPLA, then there is nothing you can do unless a landowner complaint might resolve it ?


EMM have 6 years to try an MCOL

Krystaltips

The Popla website says 28 days. I'm still within 33.

The car Park itself is merely waste land that someone stuck a pay and display machine on to unfortunately. There's no obvious land owner.

Redx

ok, so draft a popla appeal asap and save it as a pdf and submit it on their website choosing OTHER and uploading it, preferably tomorrow afternoon and no later than monday next


they do not close the check in desk at 28 days !! its not easyjet

KeithP

Does the car park have a name?

Can you find other threads on this forum mentioning that car park?
Maybe they mention the owner.

Ask the local council who pays the non-domestic rates on that piece of land.

If all those fail, then for a small fee the Land Registry will tell you who owns it.

Coupon-mad

The POPLA code will only work until midnight of day 33...hurry up.

''No NTK (therefore no keeper liability)'' will be your first point, then the templates:

- appellant not shown to be the individual liable
- no landowner authority
- dodgy signs

Krystaltips

Thanks all, POPLA appeal uploaded. 11 pages including pictures.


Keeping my fingers crossed!!

Krystaltips

So just to follow up on this. I logged into the portal today and found this:

Decision

Successful

Assessor Name

Sophie Taylor

Assessor summary of operator case

The operator has not provided any evidence in response to the appellant’s appeal, and therefore has failed to support its claim that it issued the Parking Charge Notice (PCN) correctly.

Assessor summary of your case

The appellant has provided an 11 page document to POPLA, listing grounds of appeal and going into detail on each specific point. For the purpose of my report, I have summarised the grounds into the following points. The appellant states that: • The notice to keeper does not comply with the Protection of Freedoms Act (PoFA) 2012. • The operator has no authority to issue PCNs on the land. • The signage is not prominent, clear or legible from all parking spaces. The appellant has provided evidence to support the appeal.

Assessor supporting rational for decision

As the operator has not provided any evidence in response to this appeal, I am unable to confirm that it has issued the PCN correctly. The operator has left the appeal unchallenged. Accordingly, I must allow this appeal.

That's one less thing to worry about anyway. :j

Umkomaas

Job done! :T

Coupon-mad

Easy when you know how, isn't it!