PCN issued 17 days after event to keeper, received 19 days after event

ookle

Its a PCN from Parking Lie, for failing to enter reg details on terminal.
Sent to keeper. Doesn't say NTK on it.  Doesn't mention POFA anywhere on the PCN. As I said in title, received by keeper 19 days after event.
I'm confused about the POFA.  If Parking Lie can't identify the driver and they intend to pursue the keeper, then are they using POFA to do this?
In which case does the POFA schedule 4 apply and therefore, given the dates of issue and receipt of the PCN to keeper, does that make them non-compliant with the schedule and does this give me a leg to stand on with POPLA?

Redx

Just appeal as keeper using the blue text template from the newbies FAQ sticky thread on their website
They have removed POFA so are trying to misdirect you into revealing driver details
They have failed POFA so front it out as keeper where you can easily win at popla

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 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.

nosferatu1001

If they dont have the POFA para on the BACK of the NtK, it means they KNOW they cannot use POFA to claim from you. Simple appeal to PE, then when they reject a full normal appeal to POPLA. Easy. 

Coupon-mad

Are you SURE this is not the PCN REMINDER (no need for POFA words on the back)?

ookle

Keeper appealed as keeper using blue template. Parking Lie replied with a generic response and asked keeper to reveal driver. If keeper does not, the appeal "may well be rejected and a POPLA code provided".

Coupon-mad said:

Are you SURE this is not the PCN REMINDER (no need for POFA words on the back)?

PCN reminder just arrived. First document received was a PCN sent to keeper.

So, if Parking Lie reject appeal, as they most likely will, will POPLA find in keepers favour as Parking Lie have been unable to ascertain who was driving and the burden of proof sits with them? Or will POPLA say cough up keeper?
 

Coupon-mad

Late reply as I stumbled back on this thread, but of course the keeper wins at POPLA if they point out that the drvier has never been identified and the PCN was sent too late.

Doesn't mention POFA anywhere on the PCN. As I said in title, received by keeper 19 days after event.

You already know from the 'golden ticket' example of the BACK of a ParkingEye PCN, what one looks like when it doesn't have the usual paragraph about the POFA in the middle on the back.

D_P_Dance

PE signs are unfit for purpose and many judges are dismising their claims because of it, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

In any event, may judges regard these "failure to enter" claims as trivial.

https://en.wikipedia.org/wiki/De_minimis

ookle

Appeal not contested at POPLA stage by Parking Eye 

D_P_Dance

Not contested by whom? 

Le_Kirk

D_P_Dance said:

Not contested by whom? 

ParkingEye maybe???