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Advice Needed - Please!

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The only reason not to receive any NTK (unless it went astray in then post) is if the driver appealed a windscreen PCN.  Did they?
    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 THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sdmitch said:
    I have not received any NTK letter. 
    But in your opening post you state...
    FCN issued by Napier in January 2019 for Failure to clearly display a valid ticket/permit - claim for £100. Usual threatening letters addressed to me as registered keeper...
    Looks a bit like a Notice to Keeper to me.

  • sdmitch
    sdmitch Posts: 60 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    No - to my knowledge there was no windscreen PCN - but car was left for 24 hours on a wet January day - who knows - nothing was appealed. 
    The dedication and effort you guys put in to help the innocent is admirable - Thanks ever so much!.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The FCN was the NTK.  It doesn't have to be called 'Notice to Keeper' if it is the first notice to the keeper by post.
    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 THREAD
  • sdmitch
    sdmitch Posts: 60 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    I have to confess to getting myself confused here when it comes to an NTK. First I knew of any issue was letter received  from PPC about 6 weeks after the incident. Driver had paid for 24 hour parking (using an app) - got receipt and money taken from account.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 January 2021 at 7:03PM
    If Napier issued an fcn by post , that was the NTK

    It was an N for Notice (Fixed Charge Notice) , posted to The Keeper , after Napier obtained keeper details from the DVLA , ergo , an NTK !! Think about it
  • sdmitch
    sdmitch Posts: 60 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    OK - so much advice here - for which I really am very grateful - Thanks again.
    In terms of my draft defence- am I best then to delete reference to PoFA? 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 January 2021 at 7:10PM
    sdmitch said:
    In terms of my draft defence- am I best then to delete reference to PoFA? 
    Only if the NtK fully complies with POFA such that a keeper can be held liable for the driver's alleged transgression.

    Does it?

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 January 2021 at 7:12PM
    You keep POFA in if you are defending as a keeper who was not the driver , it's a major defence point !!

    Main legal points are

    POFA
    No landowner authority
    Poor and inadequate signage
    CRA
    IPC CoP

    I do not expect that Napier complied with POFA , so check the fcn ntk against the legislation
  • sdmitch
    sdmitch Posts: 60 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    WOW - I really do feel guilty here for hogging all of your expert advice from all sides! - which is appreciated.
    A bit more research for me in the next couple of hours and then file my defence
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