Any case law for never receiving an NTK in the post?

[Deleted User]

I've scoured the internet, including parking prankster, for any cases regarding a parking firm never sending Notice to Keeper out in the post.. but to no avail. 

Long story short a PPC (a notorious Sheffield-based one) took me to court last year after sending me, the reg keeper, an NTK 156 days after an offence. They couldn't rely on POFA with it being sent 6 months after the 14 days  so tried to go after me under 'law of agency'. Safe to say, it failed miserably in court.

 I thought that would be the end of it but astonishingly the same PPC are now taking me to court again for a completely different alleged parking contravention from 2016! (They never even mentioned this prior to them losing the previous court case). This time they're arguing they did send me an NTK back in 2016 however I know for sure they never did, and they're yet to produce any proof of postage.  Now obviously I'm going to argue this is purely retaliatory however it would be great to have some examples of cases where the PPCs were called out for never sending the NTKs. Anyone have any ideas?

Umkomaas

Send them a SAR (see the NEWBIES FAQ sticky) asking for copies of all correspondence sent to you by them - that should flush out the NtK (although it won't prove one way or the other whether you received it or not). If they don't send a copy of the NtK, then you might be right. But it will take the Judge to determine the 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 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.

Fruitcake

The Small Claims Court does not produce case law, that would need to be in a higher court. Whilst it may exist, it may take some finding.

As above, send the SAR to flush out an alleged NTK. Even if they do produce one you can aver that it was never sent and quote your previous win where it was not sent for 156 days so the scammers have already proved they are incapable of sending one out within the strict PoFA timescales in every case, so you suggest on the balance of probabilities that your version of events is true.
State you require them to provide proof of postage which is not an unreasonable thing for you to ask and for them to do. You could even show your own proof of posting where relevant as an example of how easy it is to use this free service.

Coupon-mad

No case law as such but Excel v Smith (transcript is available from the Parking Pranksters 'case law pages even though transcripts are not ''case law''). 

It was heard on appeal after a County Court Judge messed up, and was about one of Simon R-S firms, and they were told (of course) that their use of CPS V AJH Films was 'improper' and that they could not hold a keeper liable outwith the POFA.