NPS - no ticket received prior to Final Notice

gy105

As the keeper, I received a final notice last week from Northern Parking Services (NPS), they are a BPA member. The alleged offence took place over a month ago (time of entry and exit of a 90 minute free car park was 103 minutes). No ticket was left as it was ANPR evidence. The final notice states that the initial ticket was sent out days following the incident, but I did not receive any contact until the final notice last week.


I have tried sending the blue template letter and NPS is refusing to process an appeal since over 28 days has elapsed since the initial incident. They are also citing Protection of Freedoms Act 2012, Schedule 4 Paragraph 9(6) regarding the disappearance of the initial ticket. Can I still ask them for a POPLA code if they are not really rejecting the appeal just refusing to look at it?


Any advice welcome, thanks in advance.

nosferatu1001

No, you cannot get a POPLA code

Ignore unless you get a LBC. What woud the defence be, other than grace periods which seems obvious?

gy105

nosferatu1001 wrote: »

No, you cannot get a POPLA code

Ignore unless you get a LBC. What woud the defence be, other than grace periods which seems obvious?

Are they allowed to refuse me the right to appeal? Particularly since the letter last week was really the first time I have had contact from them? I also cannot find a 28 day limit in the appeals process anywhere.


I would appeal on the basis of grace period and no landowner authority (I read on here someone has won with this argument in the car park that the car was in).


I would really like to avoid this going to court, is there anything else I can do apart from wait? NPS has told me that I can contact the post office regarding the missing letter(s). Do they need to provide proof of posting?

Umkomaas

Are they allowed to refuse me the right to appeal? Particularly since the letter last week was really the first time I have had contact from them? I also cannot find a 28 day limit in the appeals process anywhere.

In case you haven't noticed, this is an entirely and totally unregulated sector. As such they can do whatever they like and there's not a lot anyone can do about it. We know it, and they most certainly do. Complain to your MP.

Every BPA member is required (in the loosest sense of the meaning) by the BPA Code of Practice to allow 28 days for an initial appeal. Once that time limit is passed, it's the devil's own job (aka 'no chance') to get the PPC to agree to a belated appeal.

22.7 We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to appeal the enforcement action. A keeper cannot make an appeal concerning the same incident if the driver has already appealed.

https://www.britishparking.co.uk/write/BPA_AOS_CODE_OF_PRACTICE_CURRENT.pdf

I would really like to avoid this going to court, is there anything else I can do apart from wait?

Complain to Steve Clark of the BPA and ask him to investigate.

steve.c@britishparking.co.uk