What is process for managing a non-POFA issued notice to keeper?

Amandablondie

Hi

As keeper I have received a non-POFA notice to keeper, holding the driver liable for a parking charge. There wasn't a driver issued charge, ANPR. This is for a station car park operated by NCP. I have checked and the land is owned by Network Rail.

The vehicle wasn't parked in the NCP car park, but in a loading bay with permission from a retailer, as they were loading/ unloading from the vehicle. The vehicle was parked in the loading bay for 20 mins and the loading bay signs make no reference to NCP t&c's, nor any time limit, charges or consequences, thus I think they issued the charge incorrectly and plan to appeal.

The ANPR is before both the entrance to NCP car park and loading bay. Their evidence is a photo of the vehicle on road leading up to a roundabout and then driving away, there isn't a photo of it parked.

I can see examples of NTK using POFA, but not for non-POFA. Also, if it matters the keeper notice arrived 20 days after the incident, but I don't think after 14 days timing applies if a non-POFA NTK as BPA Approved Operator Scheme code of practice say no later than 7 months for non-POFA NTK.

I don't plan to take up their offer and provide the drivers details, so I wonder how this plays out. BPA Approved Operator Scheme code of practice says a keeper can not appeal to POPLA "31.14 Only drivers may appeal against a parking charge to IAS." So what happens if NCP reject my keeper appeal? Is there no right to an independent appeal? Or are things stuck as keeper not liable?

Amanda

Umkomaas

BPA Approved Operator Scheme code of practice says a keeper can not appeal to POPLA "31.14 Only drivers may appeal against a parking charge to IAS." So what happens if NCP reject my keeper appeal? Is there no right to an independent appeal?

Are you based in Scotland/Northern Ireland, because that only applies there?

Amandablondie

Umkomaas said:

BPA Approved Operator Scheme code of practice says a keeper can not appeal to POPLA "31.14 Only drivers may appeal against a parking charge to IAS." So what happens if NCP reject my keeper appeal? Is there no right to an independent appeal?

Are you based in Scotland/Northern Ireland, because that only applies there?

Ok, thanks. In England.

Coupon-mad

The process is the same as the NEWBIES thread tells you.  Post #3 tells you about what to include as POPLA templates and what a golden ticket is (there is a P/Eye example but an NCP one is the same thing).  Use the wording shown in the sticky thread about no keeper liability.

Even easier, copy a NCP train station POPLA appeal someone already wrote about railway byelaws land and it being non-POFA (search the forum for 'NCP POPLA railway' maybe).

31.14 comes under 'OPERATIONAL REQUIREMENTS IN SCOTLAND AND NORTHERN IRELAND'! 
No need to read that.

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 in some cases, cancellation. 

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 later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, 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/of these Private Parking Companies.

Fruitcake

In addition to the above, complain to the BPA that a NTK has been issued for a vehicle in a loading bay where permitted loading/unloading was being carried out. The scammers have used ANPR scameras that are not fit to monitor this type of activity, and they should never have obtained the keeper's personal data nor issued a NTK.

Make a similar complaint to the DVLA. This is both a GDPR data breach and a KADOE contract breach, so you should make two separate complaints to the DVLA.

ccrt@dvla.gov.uk 

and

KADOEservice.support@dvla.gov.uk

Please also complain to your MP about this unregulated scam, and send a curtesy copy to the MP of the area where the alleged event took place to warn them how NCP are damaging local businesses in his constituency.

Supply proof of loading/unlading if available including written permission from the business and or dashcam footage or smartphone location tracking with your complaints.

Amandablondie

Thank you everyone. From everything I have read I can see that the keeper can provide evidence such as the drivers shop receipt in the appeal at stage 1 to NCP and using language like the driver and the vehicle helps explain the keepers appeal without naming the driver. However, does this not open up possibilities for NCP to obtain the drivers details from the retailer? I assume GDPR blocks this though?? I will not make any admission in my retailer complaint who the driver is.

My plan is

1. Use 1st stage appeal template to NCP. No keeper liability and not naming driver, explaining the vehicle was in a loading bay etc and providing evidence such as the drivers receipt from the shop.

2. Complaining to retailer, DVLA, MP, at the same time as appeal to NCP.

3. Then if it becomes necessary POPLA appeal based on non-POFA railway byelaws land stating no keeper liability, and counter-claim for harassment and stress.

Redx

I doubt you can claim for harassment and stress , that is a high bar of proof and usually needs medical records to show doctors etc have been involved

Popla don't adjudicate on it either , only a judge in a court claim , which is where the counter claim is lodged , at the defence stage to the CCBC , you are a long way from any court claim

I see no evidence of harassment or stress in your saga so far , definitely no proof of it , so are you saying that doctors have been involved ?

Check this thread for the legalities regarding claiming for harassment or stress

https://forums.moneysavingexpert.com/discussion/6170084/thinking-of-pursuing-harassment-claim-against-parkingeye-advice#latest

Coupon-mad

However, does this not open up possibilities for NCP to obtain the drivers details from the retailer?

GDPR blocks that, but to be sure, complain and say 'we did this/that...we are horrified...' etc.