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UKPC - Popla ref sent

So, I have followed several threads, even posting in some to avoid a new thread, but was advised to make a new thread should this develop further. So here goes.


The offense in question took place on the 11th November. The NTK was not SENT OUT (i.e the date in place on the NTK letter) is the 9th Jan this year. This therefore exceeds the 56 day rule by 3 days, never mind the fact that the letter wasn't actually received until 2 days after the posted date.



So, As the keeper I followed the template given, adding a line at the bottom pointing out that I bear no liability as keeper due to the time frame being exceeded, a time frame set out in POPLA2012 (think that's right?).


I have now received another letter stating that they have investigated my appeal and HAVE found sufficient evidence to seek payment etc etc, which then gives me a list of options, one of which being appealing to POPLA.


Now it seems to me, they have clearly skimmed past the part about exceeding the required time frame, otherwise surely they would have cancelled?


How best should I proceed in this matter? Go directly to POPLA and simply state about the NTK not arriving within the allotted time frame? Is there another way of wording it including any further "padding"?


Any help would be greatly appreciated as this entire thing is causing me no end of headaches!
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 February 2019 at 6:16PM
    it would be a brave person who tried a one point appeal

    I would find a "golden ticket" popla appeal from the last 12 months , copy and paste it and adapt it, with as many points as possible, but with POFA2012 and the timeout being the first points in that appeal

    no blabbing about who was driving

    save the final draft as a pdf, ready for uploading under OTHER to popla before the pople deadline expires
  • Le_Kirk
    Le_Kirk Posts: 24,865 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    So, As the keeper I followed the template given, adding a line at the bottom pointing out that I bear no liability as keeper due to the time frame being exceeded, a time frame set out in POPLA2012 (think that's right?).
    It's POFA 2012
  • Thanks guys.


    I have found this thread and think it would be an excellent appeal letter to base my own appeal upon..
    /showthread.php?t=5913791&highlight=driver+left+site


    However as their basis for ignoring my appeal is not reliant on anything to do with the driver leaving the site, should I exclude points 5 and 6?



    I'm just trying to work out the key factors for my own appeal and stick to what is entirely relevant.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes , stick to what is relevant

    POFA2012 failures
    NTK failures
    not proving that the keeper was the driver
    BPA CoP failures
    poor and inadequate signage
    no landowner authority
    grace periods (if applicable)


    no point including the irrelevant about people leaving site or not
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    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.
    You never know how far you can go until you go too far.
  • this is going to sound extremely daft. But after reading through all of the letter i posted, and only using points relevant to my own case, is there any closing statement that would be best to use or would simply adding



    Yours sincerely,
    My Name - Registered Keeper
    Date


    be acceptable?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yours faithfully is the correct valediction for a business letter.
  • Tomorio87
    Tomorio87 Posts: 7 Forumite
    edited 20 February 2019 at 9:56PM
    Excellent. Finally, before submitting my appeal, will I need to include copies of the NTK sent out by the PPC in case they try to swindle it with their own edited versions, or am I being SUPER paranoid (Given some of the appeals and cases I've read through, I wouldn't put it past them).


    Also on the Popla site it gives a ton of different options to do with why you are appealing etc. Do I just select other, even though it lists it as the least likely to win your appeal?
  • Coupon-mad
    Coupon-mad Posts: 154,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Also on the Popla site it gives a ton of different options to do with why you are appealing etc. Do I just select other, even though it lists it as the least likely to win your appeal?
    The NEWBIES thread tells you this already in the third post, and how to check your PDF appeal (and NTK) is properly uploaded on their weird system.

    You don't have to upload a NTK, but you could, if paranoid!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I would upload your own copy of the NtK.
    Menas they cant use a computer generated "copy" that conveniently has the right info...
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