Can you check if this appeal is adequate please?

Brynsam

HappyUser wrote: »

The sticky is extremely badly written and it is very disorganised and confusing.

Everyone else seems to manage OK - read it again, carefully and slowly.

HappyUser

Still my questions unanswered. Do I need to wait for NTK? Someone said here no. But I read in the sticky:


''But I want to appeal now! Why wait till day 26 before appealing a BPA member windscreen PCN?''

A - To tie them up in the appeals process at a time when they should also be posting a Notice to Keeper (NTK). Many PPCs in the BPA omit any NTK when replying to an appeal and the very fact a PPC forgets to send you a NTK by day 56, gives you a winning point at POPLA! Don't forget this tactic, and use it at POPLA stage: having appealed on day 25 or 26 after a windscreen PCN, make sure you take note of whether any postal NTK is ever received in the following weeks. A rejection letter with POPLA code is not a 'NTK'. You must include 'no keeper liability' at POPLA stage if you do NOT receive a NTK at all in that time, and you will win.



Does this mean I need to WAIT for NTK?
They can send the NTK by September but my POPLA appeal needs to be submitted by August!



Also, all the POPLA templates mention NTK. I do not have NTK. This is NOT included in the sticky so please don't reply with 'it's in the sticky'.

MistyZ

When was the date of the parking event? The advice you quote above is to wait till day 26 before appealing to the Parking Company if you've received a windscreen PCN.

Then, when that appeal is rejected you get another 28 days from the date of the rejection email in which to submit the next appeal, i.e. the POPLA appeal.

Doing things that ways means that the days add up ... and if you get to day 56 after the parking event and still they have not sent the NTK, you will be able to use that failure in the POPLA appeal and should win on that point.

So how many days have gone by since you got the windscreen PCN? If it's 56 or more without an NTK, then include that in your POPLA appeal as per the advice you have quoted.

MistyZ

Happy Wedding Anniversary Mr & Mrs Fruitcake!

HappyUser

MistyZ wrote: »

When was the date of the parking event? The advice you quote above is to wait till day 26 before appealing to the Parking Company if you've received a windscreen PCN.

Then, when that appeal is rejected you get another 28 days from the date of the rejection email in which to submit the next appeal, i.e. the POPLA appeal.

Doing things that ways means that the days add up ... and if you get to day 56 after the parking event and still they have not sent the NTK, you will be able to use that failure in the POPLA appeal and should win on that point.

So how many days have gone by since you got the windscreen PCN? If it's 56 or more without an NTK, then include that in your POPLA appeal as per the advice you have quoted.

Unfortunately I got the PCN on windscreen on 10/7, I appealed to the company on the same day of the ticket and I received the rejection on 25-Jul-19. I did not disclose any driver details. They have not sent anything to the keepers address yet. They need to send NTK by 3-Sept but I need to appeal to POPLA by 23-August!


What do I do?

MistyZ

Well all is not lost. It just means that you don't have that particularly good point to use. I don't suppose you're the first person to have missed that opportunity.

I haven't read your draft POPLA appeal, but you will be using all the usual points: 'no landowner authority', 'signage', and any other key sections you can find in the Newbie's thread that apply (or can be adapted to apply) to this particular PCN.

Umkomaas

You mustn't miss the POPLA appeal deadline. Your premature initial appeal to the PPC has lost you some vital days. You must still use the point that in view of the lack of a NtK, the keeper cannot be held liable, its likely that the PPC will note its omission and whip out a NtK after your POPLA deadline, but before day 56.

HappyUser

But some of the points refer to the NTK, like no pictures showing the duration and non-compliant vehicle images. Can I still use these for the PCN on the windscreen?


Also, I saw the photos of the vehicle they took and they only have one timestamp, they do not have different timestamps to show the duration.


Shall I upload their photos to POPLA and point that out?

KeithP

HappyUser wrote: »

Shall I upload their photos to POPLA and point that out?

Please read some of the example PoPLA appeals linked from post #3 of the NEWBIES thread. There are some good illustrated examples there - some running to over twenty pages.

HappyUser

KeithP wrote: »

Please read some of the example PoPLA appeals linked from post #3 of the NEWBIES thread. There are some good illustrated examples there - some running to over twenty pages.

You always say read the sticky, this does not contribute anything really.


It would be helpful to answer my exact question. Even if I read all the examples (I have read some briefly), that will not answer my specific question.