NTK Time Limit

martinbuckley

Sorry if its somewhere else, but I couldn't find it...

Is there a time limit from the "alleged offence" in which a NTK needs to be sent?

Fruitcake

Yes, it's called the Protection of Freedoms Act (PoFA) 2012 and is linked from the sticky thread for NEWBIES, (which you should always read first) or can be found using a search engine of your choice.

Failing to meet the time limits is one of the reasons why a keeper cannot be held liable, but doesn't necessarily mean the PPC won't still pursue a PCN.

nosferatu1001

It also ONLY applies where they are trying to hold the keeper liable; missing the deadline does not automatically mean the *driver* cannot be held liable, for example.

The_Deep

Nine times out of ten these tickets are scams so if you think you are being unfairly penalised complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Quentin

Everyone is asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

Go there now to get an understanding of the game you are now caught up in and how to deal with this

Your specific question is answered there!

martinbuckley

Ok, so I googled it and on the following link:

http://parkingfine-appeals.co.uk/keeper-liability-explained/

For ANPR tickets, para 7 says:

"A notice to keeper must be served not later than 14 days after the vehicle was parked"

Does that mean that a NTK dated 7 weeks after the alleged offence has broken their own rule?

KeithP

martinbuckley wrote: »

Does that mean that a NTK dated 7 weeks after the alleged offence has broken their own rule?

It simply means that they cannot transfer the driver's liability to the keeper. That's all.

You haven't told us who the parking company is, but if they are a BPA AOS member then the BPA allows them up to seven months after the incident to issue a Notice to Keeper.

martinbuckley

Ipserv - Company Number 10633959

Fruitcake

martinbuckley wrote: »

Ok, so I googled it and on the following link:

http://parkingfine-appeals.co.uk/keeper-liability-explained/

For ANPR tickets, para 7 says:

"A notice to keeper must be served not later than 14 days after the vehicle was parked"

Does that mean that a NTK dated 7 weeks after the alleged offence has broken their own rule?

The problem with using a source other than the act itself is that people often misquote or misunderstand it, which is why you were pointed towards the PoFA 2012 itself, not another website's interpretation of it.
In your case it doesn't matter as the dates are miles outside the requirements, but the quote on that site is actually out by one day as the PoFA actually refers to 14 days beginning with the day after that of the alleged event.
In other words the date of the alleged event is day zero.

This is an act of parliament, not a parking scammers' own rule. They don't actually have any rules because they are unregulated.

As above, it means that the keeper cannot be held liable, but it won't stop the scammers from trying.

This assumes there was no NTD issued.

Fruitcake

martinbuckley wrote: »

Ipserv - Company Number 10633959

BPA member, so PoPLA is available.

Coupon-mad

martinbuckley wrote: »

Ok, so I googled it and on the following link:

http://parkingfine-appeals.co.uk/keeper-liability-explained/

For ANPR tickets, para 7 says:

"A notice to keeper must be served not later than 14 days after the vehicle was parked"

Does that mean that a NTK dated 7 weeks after the alleged offence has broken their own rule?

No. This is all covered in the NEWBIES thread already:

Want to dig deeper? Check the compliance of your Notice to Keeper, if the PPC is citing 'keeper liability' under the POFA. Here's a link to Schedule 4 of POFA 2012 which applies in England/Wales only (look for the words shown in paragraph 8 if it's a 'windscreen ticket followed by a NTK', or the words in paragraph 9 if it's a postal PCN only):

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

If the NTK arrives late, this does not make the PCN 'void' but it means there is 'no keeper liability' possible.

If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.

Or, the NTK must arrive with you between day 29 and day 57 if there was a windscreen PCN.

Some firms (e.g. Civil Enforcement, Highview, Smart Parking and some small PPCs) don't even bother with POFA 2012 wording so the keeper is not liable if you point that out to POPLA.