Parking charge by UKPC for 'out of hours parking'. Chances of success on appeal

kelfish

Thanks for the message Redx. I have re-read POFA and the NEWBIE page (I had read it before I sent my original message!). I have read numerous other pages. I understand the Locus Standi arguement, the fact that this is a contractual and therefore civil (trespass) issue and the contractual issue raised by you that as parking was prohibited at the time stated that there is no contract.
I have read POFA a number of times, particularly para 9 but I am struggling to find a failure to comply with POFA and breaches of POFA appear to be the main reason Appeals are successful

I may have phrased my previous email badly as I did not intend to ask for a list of reasons why a NTK could fail to comply with POFA - having read POFA and various pages on the forum I see that failures to comply take many forms (NTK being sent out of time, not including times or dates etc) and for this I hold my hand up and apologise.

I have checked the dates and times quoted in the NTK and those quoted are all within the requirements of POFA. Reading through the requirements of POFA schedule 4 Para 9  as regards notices etc it appears that these may have been complied with (The only exception being that the NTK states that the vehicle was present on the car park rather than parked but later states that the terms of parking were agreed by the driver 'when the vehicle was parked on private land').

Am I being particularly thick as the NTK appears to give the other relevant notices. 

Umkomaas

Most PPCs have, after almost 9 years of failure, managed to get their NtKs PoFA-compliant. If you want yours checking, please post a redacted copy here - both sides, but leave all dates showing.

Coupon-mad

A UKPC NTK probably is POFA-compliant these days.

But go back to basics, higher up in Schedule 4.  There has to be:

- a relevant contract or relevant obligations (that was breached) and
- adequate notice of that contract and obligation and the parking charge itself (i.e. clear signs are a requirement).

kelfish

Shall I just post the redacted copy on the forum (public) or send it privately

Umkomaas

kelfish said:

Shall I just post the redacted copy on the forum (public) or send it privately

Everything on-forum please, then you get many expert eyes looking at it for you. 

kelfish

Attached is page 1 of the ntk

kelfish

IMG_20210327_103123.jpg

kelfish

IMG_20210327_103140.jpg

Fruitcake

I now have a crick in my neck.
It looks PoFA compliant to me. Although you redacted the date of the NTK it is obviously within date.

kelfish

The date is within the 14 days