Received pcn after appeal date expired

aGreyArea

I have received 3 pcns as a keeper, 1st one, I appealled, NCP denied but Popla upheld. Second one, NCP denied and I forgot to appeal to POPLA while I was still waiting for their decision on the first one and have now recieved a final reminder from NCP, it is now over the 28 days since NCP denied the appeal and issued the popla code. Then I recieved a third new one, but because of the postal strike I didn't get it until the appeal date had passed, so I can't get a POPLA code from them. 

All three pcns are exactly the same circumstances so since the first was upheld, I imagine the others would be too. Except it looks like I'm too late to appeal, is this correct or how can I appeal successfully please?

Coupon-mad

it is now over the 28 days since NCP denied the appeal and issued the popla code. 

But POPLA codes work till day 33.  Are you in time / is it working today?

Appealing is also usually possible for about a month from the date of the NTK.  So, is the NCP website still letting you appeal the 3rd one today?

Which location and what went wrong 3 times?

You've read 'NEWBIES PLEASE READ THESE FAQS FIRST' and know not to appeal as driver?

aGreyArea

Thanks very much for your reply! 

Popla site says the code has expired on the second one. Went back on NCP site to appeal the third one but there is no option to appeal at all, the only thing you can do is pay the charge. I only just noticed though, this one says final reminder, incident date is 04/08/22, sent date is 09/12/22 with a pay date of today, I only got this 4 days ago.

Location is Chelmsford Railway station, they issued NTKs to me months after each incident. My appeal was upheld because NCP say theyre not allowed to use POFA2012 rules because its not relevant land, but then POPLA said they need POFA2012 to transfer liability to Keeper. I don't know who was driving, and I can't find out when it was that long ago. The problem is how to appeal. 

I read the noobs thread, but I've clearly missed a point. Thanks for your help, really appreciated.

Coupon-mad

Ignore the other two then.

aGreyArea

I have since received the Claim letter, have acknowledged receipt and am preparing the defence. I'm getting a little lost around the forum and thought I saw a specific thread for posting defences for critique, could someone please include a link to that thread or should I post my defence here for comment?

Fruitcake

Post your defence here on this thread.

Use the guide to court written by bargepole that you will find in the second post of the NEWBIES, plus the template defence from the thread of the same name that also contains a twelve step guide to the process.

Post only the parts of the template you have amended here for checking, but email the whole template when you submit it.

B789

You can post your defence here, on your thread. You only need to post the bits that you have added/edited such as paras 3 and 4. We already know what the rest of the defence template looks like.

Can you show the claim form? Just redact your details, the MCOL password, your VRN and the PCN number. Everything else should remain. There is a very recent appeal judgment that could be applied to your defence if something is missing in the PoC.

aGreyArea

Perfect many thanks, will post shortly.

KeithP

aGreyArea said:

I have since received the Claim letter, have acknowledged receipt and am preparing the defence.

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

aGreyArea

Okay, issue date is 23rd Aug, AOS was received 08/09.

KeithP

aGreyArea said:

Okay, issue date is 23rd Aug, AOS was received 08/09.

With a Claim Issue Date of 23rd August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 25th September 2023 to file your Defence.

That's just a few days away but plenty of time to produce a Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.