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ParkingEye Manchester Royal Infirmary
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Poseidondevil said:Le_Kirk said:Does it look like or have you compared it word for word and line by line? If it complies then you have to appeal in line with the advice in the NEWBIE sticky.I don't understand their line that they originally wrote to the registered keeper but they have informed PE that you were responsible for the vehicle. Is there something you're not telling us here? Is it a company or lease/hire vehicle?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.Private Parking Firms - Killing the High Street3 -
I agree with Umkomaas , this is more like a hire , lease or company vehicle issue and a different part of POFA !!
They already told you they have written to the registered keeper , clearly that is not you !!
They placed a NTD , D for Driver , on the windscreen , then they obtained RK details from the DVLA , probably between day 29 and day 56 , then sent them an NTK in the post. That RK then named you as day to day keeper , so they sent you an NTH , H for Hirer
The registered keeper has named you , hence the recent PCN , you appealed as a lessee or as a hirer , as a day to day keeper of the vehicle , so there is no way that entity would receive an NTK , only the RK. You have received what we believe is an NTH , H for Hirer. They have written back wanting driver details , because you did not provide any
Parliament put a complete section in POFA for just such an eventuality , so that is the part you need
I believe you have not been entirely truthful here , you are not the RK and your name and address are not on the V5C log book , so no NTK would ever arrive with you , it's either a hire vehicle , or a lease vehicle , or a company vehicle , not your vehicle !!
I bet they did not include any contract documents with the NTH ??
Start again by reading the bottom of the first post in the newbies FAQ sticky thread , reading stuff by Edna basher etc
Await your Popla code if it hasn't arrived yet , then do a hirer/lease vehicle Popla appeal
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"They placed a NTD , D for Driver , on the windscreen , then they obtained RK details from the DVLA , probably between day 29 and day 56 , then sent them an NTK in the post. That RK then named you as day to day keeper , so they sent you an NTH , H for Hirer" - Well. I am the registered Keeper...and its not a lease or a hire car. Its on a PCP. The V5C is definitely in my name.
"originally wrote to the registered keeper but they have informed PE that you were responsible for the vehicle" - Neither do I ... the only email I got was the one after I appealed as a registered Keeper...asking for details about who was driving to which I havent replied and That was how my post started asking for advice on how to proceed? I definitely put in the appeal as registered keeper (like the newbie sticky thread), they said they have put my appeal on hold. Then this NTK comes in (which I thought had the info?)
Thanks once again1 -
I have no idea what a PCP is , but I presume that as RK you are buying the car and you state that the vehicle is in your name with the DVLA and that you are the true RK ?
PE are treating this as a hire , lease or company vehicle , as if it's not in your name , so let us assume that PE have made a mistake and sent an NTH and NTH refusal , as if it was hired or leased
The first postal letter is the NTK , not any further letters. I presume you appealed the windscreen ticket on say day 26 , so this postal letter should have been the NTK , but isn't an NTK at all , it's an NTH instead , so they have failed to issue an NTK by day 56
So let them issue a popla code and use the incorrect paperwork and details in your keeper based popla appeal
To be clear , your letter is not an NTK in the normal sense of that topic , it's an NTH
If they wish to c*** up the paperwork , let them , then use it at Popla when you get a Popla code
You should have realised it did not make sense when you read it , because we did , if you are the true RK you did not report yourself !!! If they truly sent an NTK to the Keeper , you would have received that previous letter they refer to , clearly you did not , so no NTK was ever issued !!3 -
"The first postal letter is the NTK , not any further letters. I presume you appealed the windscreen ticket on say day 26 , so this postal letter should have been the NTK , but isn't an NTK at all , it's an NTH instead , so they have failed to issue an NTK by day 56" - I get you... so my assumption is they have purposely sent out a confusing statement so that they could get me to blurt out the driver ?
In any case.. I'll wait out for the POPLA code and get back to you guys on advice of wording (for the incorrect paperwork) cause I'm not really sure how to justify a case based on this not being an NTK but an NTH.
Thanks once again0 -
Simple , they failed to follow POFA , the paragraphs you were told to check
POFA non compliance equals no keeper liability , ergo you win on that technicality alone , nothing to do with what happened , a TKO on red tape failures because they failed to issue a POFA compliant NTK to the keeper , You
A POFA compliant NTK should have arrived between day 29 and day 56 , it's not arrived , the one that arrived is not the correct letter , not an NTK , states that a compliant NTK was sent to the RK , it wasn't !! What arrived was an NTH with no hirer or lease documents
They snooze , they lose
Several people told you it cannot be a compliant NTK , and it's not2 -
I've no idea where you think you've seen para 8 POFA wording (warning about liability) on that 'PCN'?
It's a golden ticket - as per post #3 of the NEWBIES thread and no need for us to explain why or what to do about it because that part of the NEWBIES sticky already covers this and shows a picture of what we call a 'golden ticket'.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Just checking - was it a new car and you were the first keeper registered for the vehicle?.What are the dates as to when you used PCP for the car purchase and the actual parking event?.1
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Thanks for the reassurance guys.
@1505grandad Yes it was a new car and I am the first keeper registered, is there any reason you ask that?
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seems obvious to me , its in case they had keeper details as PCP and if PCP gave them your details as per that letter , in other words if the registration details had not been swapped over at the DVLA by the time of the parking contravention, hence why he asked about those dateswe have already established that the letter you uploaded on here is a strange letter for an RK to receive, so its either bogus or there is an alternative explanationeither way its failed POFA, no matter which section it failed on4
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