is there a POFA reference to sending NTK within 15 days of alleged parking offence?

Mudchild

Hi all

I've done as much homework as I can, and am appealing (online) a postal NCP NTK for the alleged offence of parking for longer than the time paid.

I'm using the One Size Fits All template, but also their date of sending was clearly more than 15 days after the Date of Incident. I want to add that in, but I'm not sure where that point comes from, apart from seeing it in this forum - is there a specific line from POFA I should reference? I've not been able to find one.

Big thanks for any advice

Alex

Coupon-mad

Search the forum for:

Group Nexus trick POFA

B789

Para 9 (5) applies. The NtK must be "deemed" to have been "given" by day 14. As long as the date on the NtK plus 2 working days falls on or before day 14, then it will have been "deemed" as "given" or delivered on time.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

There are other conditions that must be met for PoFA to apply and the keeper become liable.

Mudchild

Coupon-mad said:

Search the forum for:

Group Nexus trick POFA

Thanks for this, apologies but I'm slightly confused as to whether this is relevant.

NCP are not Group Nexus?

Also I'll be making no admission to being the driver, just being the keeper, i.e. "There will be no admissions as to who was driving and no assumptions can be drawn etc" from the template.

I was just thinking of adding "Furthermore, the Notice to Keeper should be sent within 15 days of the alleged parking offence. The date of the alleged offence on the PCN is stated as 04/08/2023. The date of the sending of the PCN is stated as 24/08/23. Hence the Notice to Keeper was not sent within the required 15 days." - just to boost the case - but I thought it might be best to reference wherever this 15 days stipulation originates from?

Mudchild

B789 said:

Para 9 (5) applies. The NtK must be "deemed" to have been "given" by day 14. As long as the date on the NtK plus 2 working days falls on or before day 14, then it will have been "deemed" as "given" or delivered on time.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

There are other conditions that must be met for PoFA to apply and the keeper become liable.

Thanks for this - I'm trying to catch up, forgive me for seeking further clarification - so is that PoFA stipulation actually relevant in this case, and so worth me mentioning as a failure on their part? PoFA is not actually cited or mentioned on the PCN itself. But it certainly arrived late.

Coupon-mad

Mudchild said:

Coupon-mad said:

Search the forum for:

Group Nexus trick POFA

Thanks for this, apologies but I'm slightly confused as to whether this is relevant.

NCP are not Group Nexus?

Also I'll be making no admission to being the driver, just being the keeper, i.e. "There will be no admissions as to who was driving and no assumptions can be drawn etc" from the template.

I was just thinking of adding "Furthermore, the Notice to Keeper should be sent within 15 days of the alleged parking offence. The date of the alleged offence on the PCN is stated as 04/08/2023. The date of the sending of the PCN is stated as 24/08/23. Hence the Notice to Keeper was not sent within the required 15 days." - just to boost the case - but I thought it might be best to reference wherever this 15 days stipulation originates from?

Just do the search.  Shows you what to put.

I know NCP are not Group Nexus, that's not the point of my advice.  I'm trying to show you how simple the appeal can be.  Don't overthink it.  You do not have to bust a gut quoting POFA.

Did you do the search?

Found the easy wording? So simple to win!

Mudchild

Coupon-mad said:

Mudchild said:

Coupon-mad said:

Search the forum for:

Group Nexus trick POFA

Thanks for this, apologies but I'm slightly confused as to whether this is relevant.

NCP are not Group Nexus?

Also I'll be making no admission to being the driver, just being the keeper, i.e. "There will be no admissions as to who was driving and no assumptions can be drawn etc" from the template.

I was just thinking of adding "Furthermore, the Notice to Keeper should be sent within 15 days of the alleged parking offence. The date of the alleged offence on the PCN is stated as 04/08/2023. The date of the sending of the PCN is stated as 24/08/23. Hence the Notice to Keeper was not sent within the required 15 days." - just to boost the case - but I thought it might be best to reference wherever this 15 days stipulation originates from?

Just do the search.  Shows you what to put.

I know NCP are not Group Nexus, that's not the point of my advice.  I'm trying to show you how simple the appeal can be.  Don't overthink it.  You do not have to bust a gut quoting POFA.

Did you do the search?

Found the easy wording? So simple to win!

I did find it, if you mean:

"this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw"

And I am trying to educate myself as much as possible, reading everything (including conflicting info/advice), but when you're new to this, it's a lot to digest and I might need to ask for a bit of help - and am very grateful for you to supplying it...

So are we saying that the above para is ALL you need to enter to kill the PCN, as we know that it is by default uncompliant?

I had been going by the advice of using the 'One Size Fits All' template (beginning "I dispute your 'parking charge', as the keeper of the vehicle..."), which is still promoted as the main approach on here - but are we saying that's not necessary - just use the above?

Thanks again

B789

See my post above yours. 15 days? If the dates you state are correct, then they cannot rely on PoFA 2012 to hold the RK liable.

Is the "PCN" they sent on 24/08/2023 the NtK or a reminder?

Mudchild

B789 said:

See my post above yours. 15 days? If the dates you state are correct, then they cannot rely on PoFA 2012 to hold the RK liable.

Is the "PCN" they sent on 24/08/2023 the NtK or a reminder?

it's the NTK, not reminder - so clearly late. I just wanted to check that the PoFA stipulation is directly relevant to this PCN, and to ascertain where I could cite it from, in my appeal.

Coupon-mad

Yes - we are saying that's all you need to put.

Promise...

Mudchild

roger that. Appeal submitted