PCN reference number illegible! cant appeal or pay

missp

OH! Sorry..
I did get an NTK dated 06th november
pcn issued on 3rd october, was late appealing to ppc but they still sent a popla code (last day to submit is today) dated 9th December.
Should I remove that whole section re NTK is not compliant

Coupon-mad

Should I remove that whole section re NTK is not compliant

What - even though I said to include it?

missp

Coupon-mad wrote: »

What - even though I said to include it?

Sorry coupon-mad i'm not grasping what I need to change or remove from that last section re NTK not compliant.

Coupon-mad

Obviously the bit that lies that you got the NTK 3 weeks later (impossible)!

missp

"The NTK sent to myself as Registered Keeper arrived some 3 weeks after the alleged event"
Should I just remove that sentence?
or
change it to "...arrived some 4 weeks after the alleged event"?

missp

ok thank you so just remove that sentence then upload? that's it

KeithP

As there was a windscreen ticket you should not be referring to POFA paragraph 9 at all.

Look instead at paragraph 8, where it says "The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given".

missp

My laptop is going haywire reason for delay in posting! The legal jargon is giving me a headache. Ive changed the last section of my appeal to the as I did get a windscreen PCN and a NTK about 4 weeks later.
I don't know if this has any relevance but I've just opened my post and got a

"notice of intention to advise client to issue summons. Important notice of intended action"
This has come before the outcome of my popla appeal which i'm just about to upload.... Anyway this last bit about NTK compliance I have no idea what I'm supposed to be saying... But here goes:

This Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA)

This Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA). Under schedule 4, paragraph 4 of the POFA, an operator can only establish the right to recover any unpaid parking charges from the keeper of a vehicle if certain conditions must be met as stated in paragraphs 5, 6, 11 & 12. P4Parking have failed to fulfil the conditions which state that the keeper must be served with a compliant NTK in accordance with paragraph 8, which stipulates a mandatory timeline and wording:-

The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.



’’The , must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.’’

The applicable section here is (b) because the NTK was delivered by post even if they had posted it on the same day it would be impossible for the notice to have been actually delivered and deemed ‘served’
‘or given, within the 'relevant period' as required under paragraph 8 This means that P4Parking have failed to act in time for keeper liability to apply.

Coupon-mad

I don't know if this has any relevance but I've just opened my post and got a

"notice of intention to advise client to issue summons. Important notice of intended action"
This has come before the outcome of my popla appeal which i'm just about to upload....

If that is about the same PCN that you are uploading to POPLA in the next hour, then also upload a quick scan of that letter and put as point #1, that the PPC has sent a threat to sue you when the POPLA appeal window was still open.

DO NOT ASK US THE CHECK YOUR WORDS, YOU HAVE NO TIME NOW!

Do the appeal now, no more asking us! Too late, just get it done! Just get it in, and check the dates for the next one, in case you have 2 due tonight, as you cannot go past day 33.

Don't ask how to upload a POPLA appeal and scan of a letter or which box to tick in the POPLA website. Go and read post #3 of the NEWBIES thread and do what it says there and tell us you've done it.

missp

OMG OMG OMG
I got both appeals in with 1minute to spare!!!!!!!
Thank you so much
I added the notice of intention to sue... Wow I'm glad I mentioned that when I did.
laptop just about behaved, the second appeal will prob be rejected as i didn't have time to tidy it up and remove bits that shouldn't be in there but i'm just elated i got it in and my gratitude to you all for all your help is boundless.