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UKPC NTK

Tea_biscuits
Tea_biscuits Posts: 102 Forumite
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The driver received a windscreen PCN from UKPC for parking in a residents parking area without clearly displaying a valid residents parking permit. 
Waited until day 25/26 before appealing, day 53 a NTK received in the post. 
Little bit confused around the POFA and compliance of the NTK, I've read the newbie thread and paragraph 8.  There is no reference to POFA 2012 on the NTK, not sure if this is relevant or even what I'm looking for to be honest. 
Am I right the next step is to appeal online using the one size fits all template and await a POPLA code?

Many Thanks T_b
«134

Comments

  • Fruitcake
    Fruitcake Posts: 59,469 Forumite
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    Appeal again using the template in blue from the NEWBIES and await a PoPLA code. 
    Complain to the BPA that the original appeal from the keeper was ignored.

    Compare the NTK line by line against the strict requirements of the PoFA to see if it is capable of transferring liability to the keeper. Construct a PoPLA appeal using all the relevant template points from the third post of the NEWBIERS and post the draft here for checking before you submit it.

    What happened when the keeper complained to the landowner?
    If the keeper is a resident of the place where the alleged event occurred, what does their lease/AST say about parking, permits, court etcetera? What it doesn't say is just as important.
    If the driver was visiting a resident, what does and doesn't the resident's lease/AST say.

    Has the keeper complained to their MP yet about this unregulated scam?
    I married my cousin. I had to...
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  • Coupon-mad
    Coupon-mad Posts: 154,619 Forumite
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    edited 6 May 2020 at 8:09PM
    There is no reference to POFA 2012 on the NTK,
    Really?  Show us.  And did you actually receive it on day 53, or was it merely dated on day 53?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Tea_biscuits
    Tea_biscuits Posts: 102 Forumite
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    It's dated say 53.  Sorry I may be confused about the POFA bit. 
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 6 May 2020 at 8:28PM
    @Tea_biscuits, you really must edit your opening post to replace the first two words with 'The driver'.
  • Umkomaas
    Umkomaas Posts: 43,634 Forumite
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    edited 6 May 2020 at 8:46PM
    'If after a period of 42 days ......... passed to our debt recovery team ' What are they on?  

    Totally non-compliant with the Protection of Freedoms Act 2012 (Schedule 4) to hold the keeper liable. Provided the driver has not been identified, an easy win at POPLA with a correctly worded appeal. See the NEWBIES FAQ sticky, third post, for further explanation and example appeals to use as the bases for yours. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • KeithP
    KeithP Posts: 41,296 Forumite
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    Please do the same on your other thread about this incident too.

    Why do we have two threads about this?
  • Tea_biscuits
    Tea_biscuits Posts: 102 Forumite
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    edited 6 May 2020 at 8:37PM
    KeithP said:
    Please do the same on your other thread about this incident too.

    Why do we have two threads about this?
    Sorry I couldn't find my way to the first thread at first so started a new one. I'll ask for it to be deleted.
  • Redx
    Redx Posts: 38,084 Forumite
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    ask for the two threads to be merged (not deleted)
  • Tea_biscuits
    Tea_biscuits Posts: 102 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    edited 6 May 2020 at 9:43PM
    Umkomaas said:
    'If after a period of 42 days ......... passed to our debt recovery team ' What are they on?  

    Totally non-compliant with Protection of Freedoms Act 2012 (Schedule 4) to hold the keeper liable. Provided the driver has not been identified, an easy win at POPLA with a correctly worded appeal. See the NEWBIES FAQ sticky, third post, for further explanation and example appeals to use as the bases for yours. 
    I've just seen this elsewhere:" If you know that the PPC has failed to follow the steps below, then you can choose to decline to give the drivers details with impunity; the choice is yours. If you do choose to decline you should advise the PPC just where it has failed to comply with POFA, but after the end of the period for service of the notice to keeper. If you were to advise the PPC too early then the PPC can re-serve the notice to keeper which is compliant with the Act. "

    Does this mean the RK should wait the 42 days before appealing on the non-compliant basis? 

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 6 May 2020 at 8:51PM
    unlikely, a keeper has 28 days to appeal an NTK , so maybe appeal in 16 days or so ?
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