Clarification: is a NTO the same as NTK?

ookle

Hi just that really.

Seems bit weird that Indigo are sending NTO when the data they get from DVLA is registered keeper and as we know, owner, keeper and driver are not the same.

As its the first letter from them for a PN on railway, do I treat it as a NTK?

Thank you. All the advice on the threads has been amazing. I would have been pooping my pants otherwise about threats of court action etc.

waamo

Indigo at a railway station can be ignored. This is relatively new information and only applies to railway stations.

Johno100

ookle wrote: »

Hi just that really.

Seems bit weird that Indigo are sending NTO when the data they get from DVLA is registered keeper and as we know, owner, keeper and driver are not the same.

As its the first letter from them for a PN on railway, do I treat it as a NTK?

Thank you. All the advice on the threads has been amazing. I would have been pooping my pants otherwise about threats of court action etc.

I assume it is because the byelaws, which they are alleging a breach of no doubt, refer to owner and not keeper.

ookle

Johno100 wrote: »

I assume it is because the byelaws, which they are alleging a breach of no doubt, refer to owner and not keeper.

So does keeper liability apply? I've seen on Pepipoo that byelaws only apply to driver, but I've read the byelaws and it says owner.

waamo

Byelaws apply to the owner. Unfortunately there is no list of owners only registered keepers.

If you don't tell them who the owner is then they are guessing. You can't guess when prosecuting.

Silence is golden.

The_Deep

In any case, the owner is often a bank or finance company. Just send them a letter suggesting that the enquire of the owner, if it is a bank, tell them so.

ookle

Thanks for all the threads and helpful posts in the Newbie sticker area. A letter from ZZPS arrived recently.

Its difficult to not get stressed about it.

Does the keeper need to get a POPLA now as they seem to permissible now in case of Railway Byelaws?

Coupon-mad

Yes, appeal as keeper (no saying who the 'owner' or 'driver' were) and ask for a POPLA code.

ookle

haha website won't allow me to get appeals code (probably because its past the 28 day window that Indigo set), so they want me to approach ZZPS.

waamo

In that case you are in ignore mode. Do not communicate with ZZPS. That way madness lies.

If you are desperate to be proactive you can snail mail Indigo and ask questions of everything. Ask they why you can't have a POPLA code. When they say it's past 28 days ask them why recent government announcements saying you had 12 months don't apply?

After 6 months they cannot prosecute so take your time.

Fruitcake

PoPLA (funded by the BPA which is in turn funded by the parking scammers) have recently said that parking scammers can issue penalty notices where byelaws apply, yet the BPA CoP says their members must not misrepresent authority by using the word "penalty."

The DfT says that an independent appeals procedure should be available where byelaws apply.

The ADR Act 2015 says that alternative dispute resolution must be available for not less than one year.

See, the scammers just make things up to suit themselves and ignore anything that is inconvenient to their money grabbing.

I am of the opinion that complaints should be made along the lines above to the BPA, DVLA, ICO, and your MP.