NTK non POFA and IPC

Monkeyhead333

Hi,


I have a notice to keeper which was delivered after 59 days of a windscreen PCN and fails to notify of '28 days of non payment will mean keeper is liable'. So am sure it doesn't meet POFA. The company is registered with IPC. PCN due to flipping ticket.

I have drafted the below appeal/reply to NTK, would appreciate if somebody on here could say if this is too much/too little information. I will add in dates and specifics when sent (though it says postal only I will email as well).



Thanks in advance:


Re PCN number:xxx


I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to my MP.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:


- you must include a close up actual photograph of the sign you contend was at the location on the material date.


Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.


To clarify the Notice to keeper you sent was received on DAY 59, therefore not meeting POFA 2012 Section 4Paragraph 8 subsection 5,6. Also no mention of ‘Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.’ POFA 2012 Section 4 Paragrapsh 8(f). Thus the notice to keeper you have issued does not meet the requirements of ‘Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges, Schedule 4’ which are required to be met to pass on liability to the registered keeper.


Yours Faithfully,
xxx

MistyZ

Which PPC is this? And does the NTK mention POFA?

Coupon-mad

The company is registered with IPC.

Send the first appeal but after that, no posts/updates till court stage please:

https://forums.moneysavingexpert.com/discussion/comment/76456692#Comment_76456692

ALWAYS complain to the landowner, however. Without saying who was driving.

Monkeyhead333

Armtrac/KBT Cornwall.


Thanks for the replies. I had wondered if it was worth sending anything but thought it would look better if it went to court to send something.


And no the NTK does not mention POFA, but thought it was worth clarifying with them.


I will attempt to find out who the landowner is...and complain to the local MP (and mine) once they have been elected.


Thanks again and will update if I receive any court paperwork.

Umkomaas

If PoFA isn't mentioned they cannot pass liability to the keeper, in which case they can only pursue the driver - who, if you don't tell them, they can't know.

However, it won't stop them in their tracks. But, as Coupon-mad advises, you only need to come back if court proceedings are commenced, heralded by a formal Letter of Claim from their solicitors giving you 30 days to respond and including a number of information sheets and a financial pro-forma (or links to them via their website).

Meantime, do some forum searches on Armtrac cases currently underway.

Monkeyhead333

Evening,

Have now received CC claim form. Will acknowledge receipt (and draft defense on here before posting).

I've been reading about SAR. Will send them a SAR, I have the list of items to request from the NEWBIES post (thanks again) and was wondering if I could request any CCTV images regarding the car/ticket as their signage says there is 24hr CCTV - I am the RK though, not the driver. I would assume this would fall under any evidence they intend to use?

Thanks.

KeithP

What is the Issue Date on your County Court Claim Form?
Do not file an Acknowledgment of Service just yet. Wait for my next post.

beamerguy

Any company that is associated with the IPC/IAS is classed as a scammer. The IPC is a scam set up by the incompetent Gladstones solicitors.    Now, you are involved in "return the scam", it's a bit of a party game where we get these scammers spanked in court because they get greedy

Redx

Monkeyhead333 said:

Evening,

Have now received CC claim form. Will acknowledge receipt (and draft defense on here before posting).

I've been reading about SAR. Will send them a SAR, I have the list of items to request from the NEWBIES post (thanks again) and was wondering if I could request any CCTV images regarding the car/ticket as their signage says there is 24hr CCTV - I am the RK though, not the driver. I would assume this would fall under any evidence they intend to use?

Thanks.

you can only obtain your own personal data , pertaining to you and your vehicle , so although you can ask , do not be surprised at a refusal for CCTV or anything that isnt YOUR DATA

there is no S in the woird DEFENCE , please take note

post the ISSUE DATE from the claim form below

Umkomaas

was wondering if I could request any CCTV images regarding the car/ticket as their signage says there is 24hr CCTV

There's hardly any run of the mill organisation that retains CCTV records for more than a few days. Could you imagine the storage space required to store 24/7 footage since October last year to date?  6 months?  This really isn't a murder case. 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.