NCP Lincoln Expecting Parking Claim

Le_Kirk

hollie.weimeraner said:

Found an email address now but is there a template for POFA? Or do I just refer to POFA and ask for it to be cancelled? (Sorry fo being dim) I've searched POFA but can't find templates or wording can anyone advise please?

What do you mean by template?  The Protection of Freedoms Act (POFA) 2012 is a law, just ask Auntie Google.  She will give you this link: -
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
If you meant something else, please advise.

hollie.weimeraner

Le_Kirk said:

hollie.weimeraner said:

Found an email address now but is there a template for POFA? Or do I just refer to POFA and ask for it to be cancelled? (Sorry fo being dim) I've searched POFA but can't find templates or wording can anyone advise please?

What do you mean by template?  The Protection of Freedoms Act (POFA) 2012 is a law, just ask Auntie Google.  She will give you this link: -
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
If you meant something else, please advise.

So just respond stating they're too late to claim in accordance with POFA legislation?

KeithP

hollie.weimeraner said:

Le_Kirk said:

hollie.weimeraner said:

Found an email address now but is there a template for POFA? Or do I just refer to POFA and ask for it to be cancelled? (Sorry fo being dim) I've searched POFA but can't find templates or wording can anyone advise please?

What do you mean by template?  The Protection of Freedoms Act (POFA) 2012 is a law, just ask Auntie Google.  She will give you this link: -
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
If you meant something else, please advise.

So just respond stating they're too late to claim in accordance with POFA legislation?

No. You read 'the POFA legislation' that @Le_Kirk has kindly given you a link to and state precisely how they have failed to meet the strict requirements of that Act.

Fruitcake

Send the appeal template in blue text from the NEWBIES. Send it unaltered from The Keeper save for a one liner stating that the NTK arrived too late to hold the keeper liable so they should cancel now to save themselves money.

If it is rejected, then appeal to PoPLA using all the appeal points available to you from the third post of the NEWBIES.
Non PoFA compliant NTK should be your appeal point 1.

You should also complain to the BPA as advised by Coupon-mad last year.

hollie.weimeraner

Fruitcake said:

Send the appeal template in blue text from the NEWBIES. Send it unaltered from The Keeper save for a one liner stating that the NTK arrived too late to hold the keeper liable so they should cancel now to save themselves money.

If it is rejected, then appeal to PoPLA using all the appeal points available to you from the third post of the NEWBIES.
Non PoFA compliant NTK should be your appeal point 1.

You should also complain to the BPA as advised by Coupon-mad last year.

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

With regards to the parking charge notice for 9th December 2021 I wish to draw your attention to the POFA regulations 2012, and specifically:

Para 9

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

As the notice to keeper wasn’t posted until 7th January 2022 and arrived 13th January 2022 this falls outside of the legal requirement under the legislation even allowing for the Bank Holidays and request that you withdraw it immediately

Thank you for all your help, is this correct?

Coupon-mad

That's fine but remove this, as there is no leeway for bank hols:

even allowing for the Bank Holidays

hollie.weimeraner

Thank you so much for all your help.  Just received this email from NCP:

Further to your appeal received on 14/01/2022 regarding the above Parking Charge Notice. Your appeal has been reviewed and has been considered in conjunction with the evidence gathered by our Automatic Number Plate Recognition cameras,which record your entry and exit times. Having considered the content of your letter this notice has been cancelled. Please ensure you take into account the terms and conditions of parking, to ensure you do not receive any further Parking Charge Notices. 

Coupon-mad

LOL, they hate it when people know they can't be held liable as keeper!

Fruitcake

hollie.weimeraner said:

Thank you so much for all your help.  Just received this email from NCP:

Further to your appeal received on 14/01/2022 regarding the above Parking Charge Notice. Your appeal has been reviewed and has been considered in conjunction with the evidence gathered by our Automatic Number Plate Recognition cameras,which record your entry and exit times. Having considered the content of your letter this notice has been cancelled. Please ensure you take into account the terms and conditions of parking, to ensure you do not receive any further Parking Charge Notices. 

Dear NCP,
Please ensure you take into account the strict requirements of the PoFA 2012, Schedule 4, to ensure you do not issue any further Parking Charge Notices to people who cannot be held liable.

D_P_Dance

Cheeky blighters