Help with Dates pls ANP NTK Gemini BPA

Cashby

Hi
Breach of contract supposedly on 20th Nov. No windscreen notice.
NTK arrived by post 7th December with date of 5th of December on the notice.

I was not the driver.
Is CPN firm out of time to issue NTK?
14 days would be 4th of December I believe.
Is my understanding correct & can I use this as appeal grounds? 

No specific mention of PoFA on the NTK.

Thanks in advance for your time/help.

I read this elsewhere which has led me to seek your help.

If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.

Coupon-mad

Yes indeedy.  Slam dunk win for the keeper!

Fruitcake

You are correct in your assumptions, although this is not quite correct,

"If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket."

The part, "must arrive by day 14" should be qualified by the words, "if the PPC wants to hold the keeper liable". It should also mention that the date of the alleged event is day zero, which you correctly determined, but isn't mentioned in the sentance you quoted.

In other words, be wary of information obtained elsewhere.

Coupon-mad

Haha, that quote comes from the NEWBIES thread!  I guess I could word it better but I will prioritise other updates in 2023 as and when the new Code creaks forward.

Cashby

How do I respond, if at all, to the response below from Gemini pls. My understanding is that as I do not know who the driver was I cannot help further & that as they are out of time to ask me as registered owner they cannot pursue me … is that correct pls?

“Regarding the timeframe you have referred to, this only relates to a PCN that has been issued under the Protection of Freedoms Act (POFA) 2012. This PCN has not been issued under this Act, and therefore the timeframe you have referred to is not applicable in this instance.

Please note that the PCN has been issued in line with the guidelines set out by the British Parking Association (BPA) for issuing a Non-POFA PCN, and the timeframes differ to those set out in POFA 2012.

If you were not the driver on the date in question and wish to transfer liability for the Notice to another person, you may change the liable party details by providing the drivers full name and full address including postcode.

We have placed a 14 day hold on this PCN in order for you to submit your evidence.

Please send the evidence with your full PCN and VRN to APCOA Parking, PO Box 815, Wigan, WN1 9WX

Should we receive no further correspondence, we will have no choice but to process your appeal based on the information that you have provided”

Umkomaas

Just reply to them with this:

'As you freely admit, your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are therefore, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, no such identification will be forthcoming.  The onus is clearly on you to identify the driver, not me. 

Other than a letter to confirm the cancellation of this charge, I do not expect to receive any further communication from you.'

Cashby

Thanks. Can they use a photo of the driver to identify the driver & then take the driver to court?

KeithP

Cashby said:

Can they use a photo of the driver to identify the driver & then take the driver to court?

No.
There is no way they can attach a name to a photograph.

Coupon-mad

No because you are going to win at POPLA!  You cannot lose.  Did you miss that fact?

Just look at ANY thread involving a non-POFA NTK from a BPA firm.

e.g. the one by RobM99 today...

the one by classix someone yesterday...

...every day...  Literally. Easy as pie.

Cashby

I realise I am in the clear but just wondered if they will go after the actual driver with their photograph. I have seen these big brother photo/face recognition programs on tv matching names to peoples photos.

Thank you for all the help.

Grizebeck

Cashby said:

I realise I am in the clear but just wondered if they will go after the actual driver with their photograph. I have seen these big brother photo/face recognition programs on tv matching names to peoples photos.

Thank you for all the help.

No where did you get that daft idea