strange reply from stage 1 appeal

Mitchell_

typo above- I used the exact wording as per template. so as 'keeper.

Thanks for help all! I will send in complaint and also do as per other advice above. much appreciated!

Mitchell_

Hi all,

I am a little confused by what constitutes a 'golden ticket', but think I may have one.

Background
-Received a windscreen PCN from MET Parking
-I appealed as keeper of vehicle (unsure who was driving)
-Just received NTK though the post (as newbie I am unable to post images, so https:// needs adding to the beginning of the below)

imgur.com/a/27zFiXX

Why I think it is a 'golden ticket'
-It fails to mention, as per POFA 2012, that they will pursue payment from keeper of vehicle if they do not find out who the driver was (they previously responded to my appeal as registered keeper by saying they could not accept it as it was not from the driver).

Questions
1) Am I correct in thinking this is a 'golden ticket'?
2) Do I resubmit my original appeal now that I have the NTK, wait for POPLA code then use standard text from other posts saying no keeper liability at POPLA?
3) If the windscreen PCN mentioned pursuing payment from registered keeper, does that mean this is no longer a 'golden ticket'? (I no longer have windscreen PCN, so lets say if it hypothetically said something like
"if payment is not received before the end of the payment period met parking services ltd (the creditor) may request the registered keeper details from the DVLA to pursue payment"
would this get them around not putting POFA wording in the postal NTK?

As (3) may show, I am a little confused as to whether the windscreen PCN also counts as a NTK, or if only the one through the post does- and what the implications of this are?

Many thanks in advance for the help!

Fruitcake

https://imgur.com/a/27zFiXX

Willy Wonka is in the house!

The keeper has already appealed so is presumably still waiting for the PoPLA code. When it arrives, non-PoFA compliant NTK will be your first appeal point.

If no PoPLA code has arrived by 35 day of the intial keeper appeal to the NTD, then complain to the BPA and DVLA that the keeper is being denied their right to an independent appeals process, which is a breach of the ADR 2015.

Have you complained to your MP yet about this unregulated scam?

The_Deep

Get your MP on side.

Parliament is very familiar with these scams and on 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Mitchell_

Thanks Fruitcake and The Deep.

I am awaiting confirmation that the PCN has been overturned to complain to MP- as suspect that puts it on stronger grounds.

However I will be complaining to the DVLA/BPA later today about their initial response to my appeal, suggesting BPA reviews whether MET Parking should be allowed access to DVLA records considering they have so far refused to provide me with a POPLA code.

Glad to hear they cannot pursue me as keeper of the vehicle though courtesy of their inability to include POFA 2012 wording in their NTK! Must be some incompetent lawyers working in this industry....!

Coupon-mad

Steve Clark - use his email for the BPA complaint, as already advised above.

Mitchell_

Hi all,

POPLA code has arrived. I am having struggle uploading my appeal due to its length (12 pages). Is it OK to send a link (below)?

hxxps://drive.google.com/file/d/1HwItkptsXA1cpT5Ux2dGJDBVQlynbVeW/view?usp=sharing

Questions I have:
1) Assume point 1 is a winner, is rest necessary?
2) The photos they supplied of the signage are incredibly shoddy/not readable- should I make them upload the evidence, or should I pre-empt and include those photos?

Again- this forum has been fabulous! Thanks so much for all the help!

p.s. have complained about their letter rejecting original appeal due to it being from 'registered keeper' to the BPA. Thanks for contact info!

KeithP

Why are you struggling to send your PoPLA appeal?

Did you not read this in post #3 of the NEWBIES thread?...

These then get saved as PDFs and uploaded to POPLA under OTHER (ONLY) - do not think you only have 2000 characters in some box on the POPLA wepage!

Mitchell_

Sorry for confusion- I meant upload it to this webpage for any advice anyone may have- rather than trouble uploading to POPLA.

In particular, for example, the arguments around grace periods applying to alleged parking 'out of bay'.

Le_Kirk

Here is your link made live: -
https://drive.google.com/file/d/1HwItkptsXA1cpT5Ux2dGJDBVQlynbVeW/view?usp=sharing