Numerous NCP PCNs

Redx

the keeper can send NCP a SAR and get all photos, docs and signage pics etc

the keeper could take their own photos

the keeper would put the claimant to strict proof on all the legal points, including adequate signage

only the keeper can decide the path of least resistance

its either pay or fight , your choice

charfreest

Sorry @Redx, what is an SAR? As previously mentioned, the keeper doesn't have any photos of the site prior to receiving the PCN

charfreest

When talking to POPLA, should the keeper continue to refer to the keeper and the driver in that sense?

Castle

charfreest wrote: »

Hi,

However, yesterday the keeper received a PCN from 19th September, and today they have received one for the 20th. Concerned that they are going to receive one every day for the next 2 weeks which there is no way they can afford to pay.

Based on these dates both of these NTK's arrived 1 day too late for NCP to comply with the 14 day POFA requirement.

Redx

acronyms are mentioned in post #5 of the NEWBIES FAQ sticky thread near the top of this forum (have you read it ?)

and you could easily google it (same as any other expressions or acronyms)


use the terms DRIVER and KEEPER throughout


if NCP fail POFA2012 , you have a technical KO on your hands
cleared on a technicality

Coupon-mad

charfreest wrote: »

Is the safest solution for the driver to pay each PCN within the 14 day period?

NONONONONO and more, NO. No paying.

If people lose at POPLA they still don't PAY!

The driver hasn't yet complained to the gym. Is that worth doing as they do not own the car park. It is part of a retail area.

Complain to the Gym Manager and the retail park owner/agent (Google the place).

When talking to POPLA, should the keeper continue to refer to the keeper and the driver in that sense?

Yes of course but you know from reading the NEWBIES thread (we hope) that a POPLA appeal is a lot longer. 3rd post of the sticky is all about POPLA stage, with template long wording.

charfreest

Castle wrote: »

Based on these dates both of these NTK's arrived 1 day too late for NCP to comply with the 14 day POFA requirement.

Is that the requirement? That's correct. How can the keeper prove the date the PCB was received? And, in this case, should the appellant not use the templated reply suggested, but submit an appeal stating the lateness of the letter?

thanks

Redx

also read the GOLDEN TICKET parts, where a PPC has failed POFA and so a keeper is not liable - so use the blue text appeal template, no alterations whatsoever

the apellant has to receive the pcn by day 15 , so check the dates on their NTK,s and also the postmarks on the letters too (keep the envelopes as well as the contents)

Coupon-mad

How can the keeper prove the date the PCB was received?

They can't. So that doesn't help.

And, in this case, should the appellant not use the templated reply suggested, but submit an appeal stating the lateness of the letter?

No.

charfreest

Redx wrote: »

the apellant has to receive the pcn by day 15 , so check the dates on their NTK,s and also the postmarks on the letters too (keep the envelopes as well as the contents)

I've just checked the newbies thread and it says:

If the NTK arrives late, this does not make the PCN 'void' but it means there is 'no keeper liability' possible.
If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.

Can you advise which is correct?