NCP PCN - Need some assistance

Kayne

B789 said:

I'm not 100% sure but I think that just having the wording is not enough. It should reference PoFA 2012 and the specific Schedule and which paragraphs it relies on. Either way, they have failed to fully comply with PoFA and so you appeal as the RK noting that liability cannot be transferred to you.

Have you tried Plan A? COmplaint to the landowner and a request to your MP for intervention?

Yeah a complaint is in for Plan A but I'm covering the bases while I wait so that I don't get surprised at the last minute. I haven't gone for the MP as yet but will be complaining to DVLA on the basis that there is a clear breach of the BPA Code of Practice over the late NTK as well as not meeting Keeper liability under POFA and the subsequent fact it breaches KADOE with DVLA. To complain to the BPA over it you have to have already gone through the parking company so have to wait until I'm done appealing

It might have come across earlier that I hadn't read the Newbie thread but I did read a lot of information and put it to use

Coupon-mad

Kayne said:

B789 said:

Just to try and clarify for the OP...

If the NtK has (1) the correct wording for PoFA AND has been (2) dated in time for the NtK to have been deemed to have been delivered within 14 days of the parking event, then the RK can be held liable.

If either (1) or (2) of the above items is not the case, then the RK cannot be held liable. As long as the driver's identity is not revealed, then the PPC has nowhere to run.

Perfect, the wording that's mentioned in the actual schedule for POFA (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted)  is present i.e invite to pay, they dont know the driver etc, no actual mention of POFA and I think 10 years ago when I last had cause to do this they did specifically mention it which was what I was trying to figure out if they had to cite it rather than just use the relevant wording.

But obviously the NTK is past 14 days. So keeper liability cannot be used.  Off to appeal we go

You will win.  Just no saying who was driving.

Kayne

Just some updates from me.

Appeal has been sent in to NCP mentioning the lack of keeper liability due to not following POFA. 

Landowner hasn't even acknowledged the complaint.

DVLA complaint has gone in too.