PCN and 14 day rule

1505grandad

"Keeper liability not was not engaged under PoFA 2012 due to NCP using vague wording on the NTK. PoFA 2012 schedule 4, paragraph 8 notes:"

Sould that be para 9?  -  it is an anpr and not a windscreen ticket event? 

pacemaker1000

Thanks I’ll check legislation
pretty sure never said keeper not driver but will emphasise in appeal
Otherwise ready to go?

thanks

Coupon-mad

Up to you.

We don't advise one point POPLA appeals. It's ignoring forum advice not to take 5 mins to add the usual other POPLA template points from post #3 of the NEWBIES thread.

pacemaker1000

hi guys'

final draft before sending if someone could please check?

i've included two relevent points as only claiming keeper liability and can't see anything else in Newbie section that would apply?

Thanks for all your help

POPLA verification code: [CENSORED]

NCP PCN Reference: [CENSORED]

Vehicle Registration Number (VRN): [CENSORED]

 

I, the registered keeper of this vehicle, have received a letter dated 15/05/2022 acting as a Parking Charge Notice to Keeper (NTK).

 

My appeal to the operator, National Car Parks Limited (NCP), was submitted and acknowledged by the operator on 24/06/2022.

 

I contend that I, as the keeper not the driver, am not liable for the alleged parking charge and wish to appeal against it on the following grounds:

 

1. NTK was received more than 14 days after the alleged incident.

2. Necessary wording for keeper liability missing on NTK.

 

NTK was received more than 14 days after the alleged incident.

 

Keeper liability was not engaged under Protection of Freedoms Act 2012 (PoFA 2012) due to NTK being sent after 14 days. PoFA 2012 schedule 4, paragraph 9 notes:

 

(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.

(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so "given" for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose "working day" means any day other than a Saturday, Sunday or a public holiday in England and Wales.

 

The NTK by NCP notes a "Date of incident" of 21/05/2022, and "Date of sending this notice" of "15/06/2022". The difference between these two days is 25 days (excluding end date).

 

NCP has therefore failed to act in time for keeper liability to apply.

 

 

Necessary wording for keeper liability missing on NTK.

 

Keeper liability not was not engaged under PoFA 2012 due to NCP using vague wording on the NTK. PoFA 2012 schedule 4, paragraph 9 notes:

 

(2) The notice must—

(f) warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; 

 

The wording used by NCP on the NTK was:

"Please be warned: that if, after the period of 28 days beginning with the day after that on which the Notice is given the amount of the unpaid Parking Charge specified in this Notice has not been paid in full, further recovery action will be taken to secure payment."

 

This wording doesn't mention who is liable nor does it transfer liability to keeper, as required by PoFA 2012.

 

Thank you for your time considering my appeal

pacemaker1000

PS ..

as a matter of interest whats the difference in paragraphs 8 and 9?

i note newbies says 8 is for windscreen and 9 for postal but cant see any differences in the text?

Le_Kirk

If you read the POFA (2012) schedule 4: -
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
you will follow a trail!

8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

and 

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

you will then go to 6(1)(a) and/or 6(1)(b) and that will take you to 7 or 9 and you will see that it the difference between Notice to Driver and Notice to keeper, each with their own conditions.

Coupon-mad

We never recommend a single point POPLA appeal. Can be risky.

No landowner authority and unclear signs are always worth copying from the examples in the 3rd post of the NEWBIES thread, as safety nets.

pacemaker1000

Coupon-mad said:

We never recommend a single point POPLA appeal. Can be risky.

No landowner authority and unclear signs are always worth copying from the examples in the 3rd post of the NEWBIES thread, as safety nets.

Wouldn’t no signage be admittance of being there? Plus live over a hundred miles away for pics
also can’t find anything to say who owns the land.

Are the two reasons I’ve given correct though ?

Le_Kirk

The driver told me that the signage was .................
After receiving the PCN research was carried out and found that .................

Coupon-mad

They are just one reason that can be summed up "non-POFA, innit!" 

That will probably win, as long as you didn't choose 'driver' when doing the first keeper appeal and if your dates and points are correct about your NTK.

However, the two other points I suggest you add as 'belt & braces' (and to make the POPLA appeal so long that the operator gives up!) are templates so you don't need any photos.

Better if you do include images though. That's not admitting driving!  That's saying "look how small the signs are on Google Streetview!"