NTK for not parking correctly within bay but no windscreen ticket (NO CCTV)

pmittal2007

Dear All. I have gone through multiple posts (including newbies) with no clear answer so finally took the courage of posting here (may get trolled). I received a NTK today (with a mis-spelt name) for not parking within marked bays from last week. I will admit that due to other car (on the left hand side) not parked properly I had to go over the marked line on a striped area (pic attached). The problem is that all the pics were taken by a parking attendant (not CCTV) but he didn't put a PCN yellow ticket on my windscreen. This would have prompted me to take some action straightaway by collecting some photo evidence. UKPC attendant has taken a pic when the car on the left has moved but I don't have any evidence now. Please let me know if I have a case and where to look for any template etc. I am happy to do search myself if you just provide a little direction please.

Coupon-mad

The NEWBIES sticky thread has the template appeal.

pmittal2007

Thank you coupon mad. I understand time is precious for everyone but is there any specific thing I should be searching as I have got no idea what to search for in Newbies thread

Coupon-mad

You are not searching it.  Read the whole first post.

pmittal2007

Hi Coupon mad & other informed members,

I have gone through multiple resources and collated info bit by bit to came up with the following appeal template. Could someone please skim through it and let me know if looks ok??

Name

Address

Date

                         Parking Charge Notice - Notice to Keeper [ref number]

 

This letter is an appeal to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

 

On (08th May 2023) I was the registered keeper of a (make and model of vehicle) registration number (reg number).

 

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I decline your invitation to name the driver, which is not required by law of me as the keeper of the vehicle. I dispute your claim for the reasons set out below.

1. Your parking charge amount claim.

 

Please explain on which of the following grounds your claim is based:

 

(i)    Damages for trespass

(ii)   Damages for breach of contract

(iii)  A contractual sum

2. Your status – the creditor.

Your Parking Charge Notice - Notice to Keeper simply mentions UKPC. Please tell me who is the actual creditor making this £100 parking charge demand. I need to know exactly who is making the claim and in what capacity.

 

3. Ownership of premises.

 

Please tell me who owns the car park as I wish to send them a copy of this letter.

4. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

 

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

 

6. Signage.

 

If a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point. Also, please provide a picture evidence of any clear signage/display in a row where the car was parked.

 

7. UKPC contractual responsibility

 

Please provide an evidence on the left hand side of the parked car, up to half an hour before the aforementioned breach. This is to provide proof that no car on the left hand side was parked incorrectly hence providing inconvenience to other drivers. With the photographic evidence it can be seen if UKPC was fulfilling contractual responsibility or not.

8. Parking attendant non compliance

 

Could you please provide photographic evidence of parking attendant issued a PCN on the spot affixed to the windscreen.

9. Summary

I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.

If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

Kind regards

 

pmittal2007

Also I wasn't sure whether I can include another point of wrong NTK or not, as they misspelt my name by a letter (minor error but another way of inflicting more pain on UKPC) :-)

Boat_to_Bolivia

pmittal2007 said:

Also I wasn't sure whether I can include another point of wrong NTK or not, as they misspelt my name by a letter (minor error but another way of inflicting more pain on UKPC) :-)

Irrelevant AFAIK.

Fruitcake

That's not the recommended appeal from the NEWBIES. You don't have to follow the advice here, but it is not recommended.

Just send the appeal template in blue text you will find in the sticky Announcement for NEWBIES.

This of course is after exhausting Plan A which is a complaint from the keeper to the landowner and the keeper's MP.

You should also get your own photos of the site and signage. They will be inadequate and incapable of forming a contract with a motorist, but you should especially look for site plan maps (which won't exist) and wording that defines a parking bay. 
To me, the hatched area is still part of the parking bay and section 69 of the Consumer Rights Act 2015 supports my belief. I think the average reasonable person, referred to as "the man on the Clapham omnibus" would agree with me.

pmittal2007

Thanks I will follow the advice. Just one more question, for a direct NTK at my door and no windscreen ticket, am I timebound to do certain things like recommendation on the forum about day 26????

Umkomaas

pmittal2007 said:

Thanks I will follow the advice. Just one more question, for a direct NTK at my door and no windscreen ticket, am I timebound to do certain things like recommendation on the forum about day 26????

The day 26 strategy applies only when a windscreen ticket has been issued. As you have a NtK, you can appeal any time, but be aware that the PPC gives a 28-day window for you to make the appeal. If there's plenty of time to that deadline, exhausting Plan A first (landowner/retailer complaint) is your priority. 

You do know, hopefully, from your reading of the forum that initial appeals almost never succeed.  A rejection of your appeal (within 35 days) will provide you with a POPLA code with which you can further appeal with a slightly better chance of success.  Even if you are unsuccessful at POPLA, there is no requirement that you are to pay. You will not be paying UKPC anything!

There is a possible interim stage to be ready for with UKPC cases.  They will often write to ask you to name the driver. Do not respond to that, your rejection letter and POPLA code will come through automatically around day 35. 

pmittal2007

Dear Forumites. No surprises here that after following all the necessary steps, I have been given the POPLA code. Could anyone please point out where to go from here. I am not sure what can I argue against in POPLA appeal for parking outside the marked line??? It seems I have exhausted all the options.