UKPC - Appeal Sent - Received NTK back dated to 56 Days

neoten

I sent a appeal to UKPC as per the guidance to get the Popla code after 26 days. I got a email saying:
Your charge will be placed on hold whilst under appeal and we will aim to respond to you by formal letter/e-mail to the address supplied within 35 days, should you not receive a response within this time, please contact our information line on 0333 220 1070.

Today on the 16th Jan I have received my NTK.
56 days to my parking ticket is 13th January as I got the window ticket on 18th November.


Is this considered receiving the NTK after 56 days or because it is dated on the 56 days I don't have a point there?

Thanks

Castle

What date is on the NTK?

Fruitcake

The PoFA states that for a keeper to be held liable where a NTD has been given, the NTK must be given (received) by day 56.
You are spot on that this would be the 13th of Jan, but the problem is that it is very difficult to prove when it was received by the keeper.
That's why it is important to know the date of issue as it can't have been posted before that date.

However, UKPC are scammers who have been known to change timestamps on their photo' evidence so I wouldn't put it past them to change the issue date on the NTK to make it look like it was posted earlier than it really was.
That's why we need to know the issue date of the NTK to see if they might have done this, or have simply failed to get it to the keeper within the PoFA deadlines.

neoten

The date on the NTK is the 13th Jan

Fruitcake

neoten wrote: »

The date on the NTK is the 13th Jan

Excellent. The PoFA and the interpretation Act both say it is therefore assumed to have arrived two working days later, which is day 58 and therefore fails the strict requirements of the POFA.

Construct a PoPLA appeal with non PoFA compliant NTK as point 1, and post your draft here for checking before submitting it.

Use all the points availablt to you from post 3 of the NEWBIES.

You will have to spell out the days in your appeal as PoPLA assessors are having trouble counting at the moment.

Day 0 = 18th Nov
Day 1 = 19th Nov
…

Day 28 = 16th Dec - earliest day UKPC could obtain keeper details from DVLA
…

Day 56 = 13th Jan - last day NTK must be given (received) for a keeper to be liable under PoFA 2012
Day 57 = 14th Jan
Day 58 = 15th Jan - date assumed received (given) according to the POFA 2012
Day 59 = 16th Jan - date actually received.

neoten

Thanks Fruitcake, UKPC haven't given me a Popla appeal code yet after sending in my appeal on the email about it being on Hold.

Do I need to contact them to get my Popla code?

neoten

Hi Guys,

Got another letter today from them today, dated 14th Jan, and saying after completing a assessment we consider the parking charge to be issued correctly issued.

The letter includes the Popla code and saying if you use Popla your discounted rate of £60 increases to £100.

So I guess next step is Popla appeal.

nosferatu1001

Yep, as per the newbies thread
Rejection by these fraudsters was 100% expected.

Fruitcake

As expected, so construct your draft PoPLA appeal as already advised and post it here for checking before you submit it.

What happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam.

neoten

Here is my draft appeal.
I have some pics of the signage I have added to my word doc and links to the cases, just need to work out how to upload them here.
==========================================
Dear POPLA Adjudicator,

Fruitcake

Do not use links to images but instead embed pics in the real appeal. This forces the assessor to look at them rather than miss a link or find the link doesn't work.

To post redacted images, upload them to a web hosting site such as postimages, tinypic, dropbox etcetera then post the URL here but change https to hxxps. Someone here will change it back to a live link for you.
Make sure the host site album is not in anyone's real name, and no personal images are accessible either. Believe me, it has happened.

Always include images of signs that best support your case, including the entrance and any that are damaged, hidden, facing away from parking spaces etcetera.

I suggest you change this, "18/11/2019 Ticket Issued" to "18/11/2019 Day 0, date Notice to Driver issued", include "the earliest keeper details can be obtained from the DVLA" or similar after Day 28, include "date NTK issued" after day 56, and add "date assumed received (given) according to the POFA 2012" after day 58 in the section where you spell everything out for the potentially innumerate assessor.