NCP NTK - Company Car

budg13

Hi All,

Hoping I can get some clarification on how to submit an appeal here.

Have read the newbies thread on this and will submit the template appeal in order to get a POPLA code, but just wanted to check I was taking the right steps in the first instance.

The "Fleet Manager" received a 'Parking Charge Notice to Keeper' in the post last week.

Dates if relevant:

Date of incident - 20/1/19
Date of sending notice - 8/2/19

I haven't been named as the driver.

TIA

nosferatu1001

You cannto be named as driver, unless they were a witness. They can only name you as the cars keeper at that point.

If theyre happy to have you apeal on their behalf, you can name yourself as Keeper, using the NtK theyve been sent, and you will get your own notice. You then appeal this using the template and using the NtK you CURRENTLY have yuo can prove they failed POFA.

Edit your post
Youve literally told the world who drove.

budg13

Ok, so just:

Re PCN number: ******************

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,
**EMPLOYER*
**EMPLOYER ADDRESS**

As simple as that?

The_Deep

… using the NtK you CURRENTLY have you can prove they failed POFA.

Because their paperwork is out of time, so they can only pursue the driver. Tell them to go forth and multiply and complain to your MP.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers. o

nosferatu1001

Budg - no, of course not

You have to get them to start writing to you, as keeper. That way they dont write again to your company.
so "you", on behalf of your company, name YOU as the keeper.

budg13

Thank you,

Ok, appeal submitted via online portal using the template.

Signed off as me, with my correspondence address, not the company.

nosferatu1001

Which isnt what you were told to do. Twice.
Ah well.

budg13

Oh, I've definitely misunderstood the advice there.

you can name yourself as Keeper

That's what I've done.

That way they dont write again to your company.

They won't. They'll write to me, right?

That's how I understood it at least. I still haven't said who was driving.

I asked if i should write;

Yours faithfully,
**EMPLOYER*
**EMPLOYER ADDRESS**

but was told;

No, of course not

You have to get them to start writing to you, as keeper.

nosferatu1001

Yes, and the template does not do that

You jsut needed to say
"the company was not keepering the vhielce at the time, it was being kept by:

NAME
ADDRESS

Do not contact us again"

That names YOU as keeper. I have no idea what youve actually sent, so I've no idea what they will do in response.

budg13

I sent this;

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,
**ME**
**MY ADDRESS**

Looking forward to getting laughed off by NCP now :rotfl:

Redx

company and lease/hire vehicles are covered in the NEWBIES thread at the bottom of post #1, by member EDNA BASHER


it appears to me that you didnt read that far (scrolled down) because of the actual appeal that was written