Is this a NTK?

Tedster90

Hi guys, can someone advise if this is classed as an NTK or not? There is no specific wording saying NTK but POFA quoted. So far, it was a windscreen ticket, which I appealed using the template and received this back (details omitted).

Dear Mr. XXXXX,

 

Parking Charge Notice: XXXXXX

 

POPLA Verification Code: XXXXXX

 

Thank you for your email dated XXXXX.

 

The registered keeper is liable for payment of the unpaid Parking Charge Notice if they are unable to provide us with the driver’s details at the time the Parking Charge Notice was issued.

 

Please refer to Protections of Freedoms Act 2012 Schedule four for further details on this.

 

If you are able to provide us with the drivers details at the time the Parking Charge Notice was issued we will contact them directly.

 

If you cannot provide us with these details, we will have no option but to pursue the claim against you as the registered keeper.

 

The legal basis of the Parking Charge Notice is based upon the contract entered by drivers who park on private land.

 

The terms and conditions upon which the contract is based upon is clearly stated on all signage located throughout the car park.

 

When parking on private land, the motorist freely enters into an agreement to abide by the conditions for parking in return for permission to park. It is the motorist’s responsibility to ensure that they abide by any clearly displayed conditions for parking.

 

We advise that if a motorist for any reason cannot make parking payment, they must remove their vehicle from the site immediately to reduce the risk of a Parking Charge Notice being issued.

 

Local Parking Security Ltd are a fully approved member of The British Parking Association and as such abide by all current legislation and regulations with regards to parking on private land.

 

We advise that as approved members of the BPA, we offer a grace period of 10 minutes throughout the car park.

Local Parking Security Ltd manages the car park on behalf of the landowners. Confirmation of this will be provided to POPLA upon POPLA’s request.

 

We can confirm that all signage is fully approved by The British Parking Association. Please find an image attached of the signage located throughout the car park.

 

Attached within this email is the photographic evidence of the Parking Charge Notice being issued to the vehicle windscreen. Please note that all photographic evidence is time and date stamped.

 

We advise that the XXXXXX car park operates as a pay and display system for all car park users, this is clearly stated on all signs located throughout the car park.

 

We advise that XXXXX Residents are required to park round the back.

 

As your vehicle was parked within the main precinct car park and no ticket was purchased or displayed the above Parking Charge Notice was correctly issued.

 

Thank you for your appeal against the Parking Charge Notice issued by us to you on the XXXXXX. Having carefully considered the evidence provided by you we regret your appeal has been unsuccessful for the following reasons:

 

•           Parking without displaying a valid ticket  

   

You now have a number of options:

 

1.      Pay the Parking Charge Notice at the reduced amount of £60.00 within 14 days.  Please note that after this time the Parking Charge Notice will increase to £100.00.

 

I.  Phoning our office on 01789 293273 selecting option ‘One’ the option for Parking Charge Notices, please do not select the option for ‘Accounts Department’.

 

I.                  II. Alternatively you can send a Cheque/Postal Order address to ‘Local Parking Security Ltd’. 

 

Please note that after the 14 days the Parking Charge Notice will increase to £100.00.

 

 

    2.         Make an appeal to POPLA – The independent Appeals Service by visiting www.popla.co.uk and submitting your appeal online.  Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00, and should POPLA’s decision not go in your favour you will be required to pay the full amount of £100.00. If you opt to pay the parking charge you will be unable to appeal to POPLA.

 

    3.         If you choose to do nothing we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

 

You have now reached the end of our internal appeals procedure. 

 

If you wish to appeal to POPLA, please submit your appeal online by visiting www.popla.co.uk.

  

When submitting your appeal to POPLA, please use verification code XXXXXX.

 

Please note that you have 28 days from the date of this email to submit your appeal to POPLA.

 

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal.  However, we have not chosen to participate in their alternative dispute resolution service.  As such should you wish to appeal then you must do so to POPLA, as explained above.

 

Yours sincerely,

 

Le_Kirk

You seem to have posted twice accidentally.  Please delete the content of ONE of your posts and mark it: -
DUPLICATE POST PLEASE IGNORE

Redx

An NTK arrives as an invoice in the post , addressed to the keeper of the vehicle , as a notice of a PCN (invoice)
It usually will not say NTK , but is a postal Notice To Keeper (NTK)

The above is not a windscreen ticket , because that invoice or PCN  isa Notice To a Driver

Tedster90

I'm not sure if you misunderstood me or if I am misunderstanding you perhaps. The PCN was a windscreen ticket, I appealed this using the standard template on day 26. Above is what they responded to my appeal with. What I was asking is if this classed as an NTK or not so if I was to receive nothing else in correspondence, when I go to POPLA it would be classed as a "no NTK received"? 

Redx

Correct , it's not an ntk because an ntk is a PCN issued in the post , not on a windscreen

When a windscreen ticket is issued (to a driver) then the parking company should issue a postal NTK PCN to a keeper between day 29 and day 56 following the event , if they wish to hold a keeper liable using POFA

So a windscreen ticket is not an NTK and never is an NTK,  neither is the rejection if it's been appealed , so a rejection can never be an NTK

So Popla appeal goes in as late as possible to hopefully mean that they fail to realise that no ntk has been issued and hurriedly send one before running out of time

D_P_Dance

If it is a windscreen ticket it cannort be an NTK as the scammers will have no idea who that person is.  It is therefore reasonable to assume that it is a NTD.  Please read the stickies they explain the process  

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.

Tedster90

Redx said:

Correct , it's not an ntk because an ntk is a PCN issued in the post , not on a windscreen

When a windscreen ticket is issued (to a driver) then the parking company should issue a postal NTK PCN to a keeper between day 29 and day 56 following the event , if they wish to hold a keeper liable using POFA

So a windscreen ticket is not an NTK and never is an NTK,  neither is the rejection if it's been appealed , so a rejection can never be an NTK

So Popla appeal goes in as late as possible to hopefully mean that they fail to realise that no ntk has been issued and hurriedly send one before running out of time

OK, so just to confirm, have I messed anything up by appealing the windscreen ticket as the keeper? They still have to send a formal NTK PCN through the post on top of the rejection email shown above?

DoaM

All you have is an appeal rejection. They still have an opportunity to send an NTK, but the probability is that they won't. That's why you send your POPLA appeal in as late as possible, to avoid them realising and therefore you should have a default POPLA win (when appealing as keeper ... no NTK = no possibility of the keeper being liable).

FrankCannon

I think the OP may have already identified themselves as driver by appealing the windscreen PCN. Unless they could argue that the driver gave them, the keeper, the PCN to appeal ?

DoaM

If the OP used the template from this site then they haven't identified themself as the driver.

MistyZ

FrankCannon said:

I think the OP may have already identified themselves as driver by appealing the windscreen PCN. Unless they could argue that the driver gave them, the keeper, the PCN to appeal ?

I don't see how appealing identifies the driver.  There's a strong likelihood of a windscreen PCN being obtained by the keeper.  For example, I'm the keeper of 'our' car and am often a passenger in it.