14 Day Rule for Receiving a NTK

JustRaider

Hi Umkomaas,

OK Thanks for that advice, I''ll leave out the paragraph on
photo evidence.

In the appeal letter is it a good idea to say that I wasn't
driving (which is true) ?

Umkomaas

JustRaider wrote: »

Hi Umkomaas,

OK Thanks for that advice, I''ll leave out the paragraph on
photo evidence.

In the appeal letter is it a good idea to say that I wasn't
driving (which is true) ?

I would say no more than you were categorically not the driver on the day (only if true) and you will provide evidence to POPLA /County Court to prove this.

But ...... you do know that they might not even read your appeal? This is penalty issuing on an industrial scale, highly automated, highly impersonal, highly likely to result in an automated rejection from CEL.

You still seem to be searching for a silver bullet - hardly any exist at this stage of your journey.

JustRaider

Hi Umkomaas,

Yes. You're right. Maybe the shorter the appeal letter the better as
those take less time to read (if they do read any of them !).

I'll save all the main points for my written appeal to POPLA.

Thanks for your help (and other forum members) so far.
I may need further help from the forum when I reach the
POPLA appeal stage.

JustRaider

Hi Umkomaas,

After following your advice as follows :
"So you send CEL the initial appeal template from the NEWBIES FAQ sticky, post #1, either as it is, unaltered, or you could add a final paragraph to the effect that as their NtK doesn't meet the strict requirements of PoFA, you as the RK have no liability to them. Suggest they therefore take it up with the driver. "

You then said "Hopefully they'll realise they're shot, and cancel."

Well, it all went to plan, just as you said it would.

Received a letter from CEL today stating that the PCN has been cancelled.

Thank you for your help in achieving this result (and also the other forum members
who contributed).
This is an excellent forum as there is so much valuable and interesting information on
it.

Redx

mmmmmmmm , I wonder if they are tightening up their act due to the new Parking CoP bill that made it into law and they realise they will have to start conforming to those rules and laws or fail (if people appeal and are aware of their lawful rights as you were)

Umkomaas

JustRaider wrote: »

Hi Umkomaas,

You then said "Hopefully they'll realise they're shot, and cancel."

Well, it all went to plan, just as you said it would.

There you go, well done you - a monkey off your back. :T

I'll send you my invoice - £100 or £60 if settled within 14 days. Cheap at half the price guv! :rotfl:

Great result.

nigelbb

JustRaider wrote: »

The driver of my car parked in a small lay-by off a main public
road in front of a row of six shops. As it was just after 9pm at
night, it was dark and there was no entrance sign on driving
into the lay-by, so the driver did not realise that the lay-by was
on private land. On returning to the lay-by the next evening it
was noted that just 3 car parking signs were attached to
the shop walls at irregular intervals and they were not
illuminated.

The lay-by had ANPR cameras in use so I received a Notice to
Keeper PCN through the post 15 days after the incident.

Please can you tell us the location of this lay-by? It would be very unusual for ANPR cameras to be used in such a location as it's usually only in car parks where there is a definite entry & exit that can be timed that ANPR cameras can be used.

JustRaider

Yes the location is :
34-38 WOODFORD ROAD, BRAMHALL. STOCKPORT SK7 1PA

The lay-by runs parallel with the main Woodford road.
The ANPR cameras have been positioned on the front
wall above the shops. It is easy to assume that this
lay-by is part of the public highway as there is no
entrance sign stating this is private land, and double
yellow lines exist on both sides of the entrance.

Umkomaas

https://goo.gl/maps/fvNBpn3cqK52

If this is the location, it may well be council maintained and a public road. Why not write to the council and ask the question, then, if they confirm, you can cause mayhem for CEL.

Perhaps why they didn't want to push too far on pursuing your PCN.

Do please let us know any outcome.

nigelbb

JustRaider wrote: »

Yes the location is :
34-38 WOODFORD ROAD, BRAMHALL. STOCKPORT SK7 1PA

The lay-by runs parallel with the main Woodford road.
The ANPR cameras have been positioned on the front
wall above the shops. It is easy to assume that this
lay-by is part of the public highway as there is no
entrance sign stating this is private land, and double
yellow lines exist on both sides of the entrance.

Check with the local council that there is planning permission for the cameras & advertising consent for any signs.