NCP - Keeper Liability Notice

Frographer

Hello everyone, 
Hope you can help. My wife (the registered keeper of our vehicle) received a Keeper Liability Notice from NCP for when I was driving the car and overstayed my pay and display ticket as I was working and I couldn't get out to put money in the meter. 
This letter says "It is now too late to make a representation against the PCN". But we never received a letter in the first place? So up until this morning, we had no idea that I was being fined - there was no ticket on the car in the car park and no notice received. 
The "offence" took place on 22 Oct 2020, this notice is dated 27 November 2020. 
Any suggestions as to how to approach this? 
Cheers
Nick 

go-on-then

Reading the ' newbies ' thread may help you.  No mention who was driving ?! 

Redx

Check the V5C has the correct name and address on it , because it appears that 2 letters have gone astray , the first NTK PCN letter and the later reminder letter as well

Are there copies of the ntk with dates , pictures and correct address details ?

Frographer

Hello Redx
V5C has all the correct details on it. 
This was the first letter we got so no NTK. Online the only pictures are of the car and the registration plate. Details of the parking and what we're being fined for. No copies of any correspondence. Does that make sense?
Cheers

Fruitcake

Send an SAR asking for all data they hold on you. This should flush out the original NTK. You will then be able to determine whether or not it complied with the strict requirements of the PoFA.

Send the appeal template in blue text from the NEWBIES add a one liner stating that since the liability notice was the first communication of the alleged event you are treating it as the Notice to Keeper. Also demand proof they ever sent the NTK.
Don't expect the appeal to be accepted, but if it gets to court the keeper will be able to show they tried to resolve the issue without clogging up the courts.

How long was the overstay?

Frographer

Hello Fruitcake, 
Thanks for this. So SAR to data officer and template to appeal section on website? 
The overstay was about 40mins. 
Cheers

Fruitcake

Frographer said:

Hello Fruitcake, 
Thanks for this. So SAR to data officer and template to appeal section on website? 
The overstay was about 40mins. 
Cheers

Correct, but don't expect a late appeal to be accepted.

Too late for grace periods to apply, so it will be probably come down to PoFA compliance, signage, and landowner authority, although NCP may well be the landowner.

Coupon-mad

I think there is only one letter you didn't get; the NTK, because I don't recall that NCP send the unnecessary reminder that some do.   These are the 2 letters they normally send:

https://forums.moneysavingexpert.com/discussion/comment/77833258/#Comment_77833258

Complain to NCP that you think the same thing has happened to them as happened to Smart Parking, when their mail provider didn't post NTKs in August:

https://forums.moneysavingexpert.com/discussion/6208365/smart-parking-issued-drplus-letters-before-ntks-by-mistake-bpa-dvla-know-blind-eye-turned/p1

Tell them that you require the NTK to be sent out now and you will be reporting this issue to Steve Clark at the BPA.