Civil Enforcement NTK

RobinHill

Splitting hairs ... my point was the recollection of PPC's paying for POPLA, which was correct and it didn't seem to tally with them doing so if they were going to lose on POFA 2012. All that was necessary was to correct my understanding ie. the charges kick in once the appeal is heard ... not difficult esp. from someone who is meant to be helping out on here.

RobinHill

Coupon-mad said: So you do need to check for 9(2)f  - the warning about you being liable and that they can 'recover the outstanding parking charge from you after 28/29 days...' depending on how they phrase it.  Look on both sides.  It's either there saying you will be liable, or it's not.

Hi Coupon-Mad, I have studied the NTK and best I can see in my limited experience it doesn't look compliant. On the front footer it states "Failure to pay the amount due within 28 days of the issue date may result in CEL forwarding your account to a debt recovery agency". The only other reference to 28 days is on the rear where "You can appeal in writing within 28 days". It doesn't seem to explicitly warn that after 28 days they will have the right to recover from the keeper, other than the debt agency bit which I'm pretty sure ain't any good. However I am trying to help a parent of two severely disabled children, they have enough on their plate just battling social services etc w/o these parasites preying on them, so I am concerned about making mistakes and making it any worse for them.  Advice appreciated. Thank you.
ps. in fact the more I read it the more it reads as the politest "will you please pay" request I have ever come across.
pps. Plan A is work in progress, just didn't want to leave any appeal prep. too late.

RobinHill

Any reply, or am I blacklisted?

wealdroam

I can't help thinking that the first reply you received was the right one.

Coupon-mad

There are no blacklists here.  Show us  pic of the front & back.

RobinHill

See attached, cheers.
 

nosferatu1001

Not pofa compliant. 

RobinHill

Thanks. Could you help us understand how / why it isn't compliant. Ignore if this would take you too much time to explain.
I wasn't sure how strict the wording needs to be or just in the "spirit" of the act. That is best I could glean but discussion here we weren't completely sure if the following bit ...
"Failure to pay the amount due within 28 days of the issue date may result in CEL forwarding your account to a debt recovery agency"
Was enough to satisfy the 9(2)f ...
"Warn the keeper that if, after the period of 28 days ... the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid"

KeithP

But "Failure to pay the amount due within 28 days of the issue date..." is not the same as POFA 9(2)f.

Your quote from POFA 9(2)f is missing a few critical words.
Your ellipsis (...) hides "beginning with the day after that on which the notice is given".


Issue date is not the same as date given.

Given is effectively defined in POFA para 9(6).

RobinHill

Cheers KeithP. Tried to follow it but too tired, will see if I can manage to do so tomorrow. Just one further point though ... your initial response stated to use the blue text unaltered etc, but this seems to contradict the guidance in there eg. include blue badge etc? Thanks.