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Notice to keeper - NON POFA

Hinch54321
Hinch54321 Posts: 8 Forumite
Hi, The registered keeper read the Newbies board but still has a question regarding a Notice to Keeper that they've received that they are hoping you may be able to help them with.

The date of the alleged offence was 15/05/2019, the date of sending the notice was 08/06/2019 which was received a couple of days later. The driver reported that there was definitely no ticket on the car, the first contact received was this NTK that the registered keeper received. The registered keeper has read about the POFA 2012 and that the notice should be sent within 14 days which this has fallen outside of. The letter received says NON POFA - MNPR - Manual Number Plate Recognition at the top. Does it say NON POFA because it is outside of the 14 days or can they do it anyway? The registered keeper appealed to the company which are a member of BPA using the template which they have rejected as they said that PCN was issued correctly. The registered keeper has a POPLA code but the letter says that if they appeal to them, the discounted parking charge rate will no longer be available.

Any help gratefully received, many thanks!
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who is the parking company?

    If you have a PoPLA code then appeal to PoPLA following the guidance offered in post #3 of the NEWBIES thread.

    The first point of your appeal should be: No keeper liability.

    Followed by: The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge.

    Followed by: Signage and Landowner Authority.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 9 July 2019 at 2:55PM
    The discounted charge should be seen as a bribe to bully you into not using your POPLA code!


    POPLA is covered in the Newbies FAQ thread, post #3 there


    All advice is there together with links to near template appeals to crib from


    Post your draft appeal here for comment before sending it


    Don't reveal who was driving! Edit your OP to remove any indication of who was driving
  • Hinch54321
    Hinch54321 Posts: 8 Forumite
    The parking company is PCS. Thanks for your guidance, I will take a look.
  • Hinch54321
    Hinch54321 Posts: 8 Forumite
    Thanks for the advise Quentin, I've read my original post again but couldn't see where I may have revealed who was driving? So sorry if I'm missing it which is highly likely!
  • Quentin
    Quentin Posts: 40,405 Forumite
    Use the third party to describe what happened as in "the keeper received a ntk/the driver reported definitely no windscreen notice/etc"
  • Hinch54321
    Hinch54321 Posts: 8 Forumite
    Thank you Quentin, I have hopefully corrected it now. I'll post my draft appeal letter this evening.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Nine times out of ten these tickets are scams so 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.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The letter received says NON POFA - MNPR - Manual Number Plate Recognition at the top.
    This is becoming a bit of a joke. !!!!!! is 'Manual Number Plate Recognition'? There is no 'Number Plate Recognition' via a smartphone camera, it's simply a photo.

    @OP - please email Steve Clark of the BPA and ask him if he could enlighten you on 'MNPR' as you've received a parking ticket after BPA member Parking Control Solutions have accessed your data from the DVLA quoting this medium, but unlike ANPR, there is no mention in the BPA Code of Practice that MNPR camera technology can be used to manage a car park. Could he explain the differences between ANPR and MNPR and how the BPA audits and monitors the equipment utilised in MNPR management.

    steve.c@britishparking.co.uk
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • @Umkommas email sent, I'll reply on here when I receive a response.
  • Umkomaas
    Umkomaas Posts: 43,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hinch54321 wrote: »
    @Umkommas email sent, I'll reply on here when I receive a response.

    Great stuff. Let's see what SC says. Well done.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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