Proving when you received a NTK

ImtheRealSpartacus

Hi Everyone. I have searched the forum and can't find an answer to this.
I received a NTK on the 14th September, appealed and was rejected.
The thing is the date they (MET Parking) are saying the car was parked was 27th August and the date of Issue of the notice was 5th September. However I only received it on the 14th September, which puts them out of time. There is no date of posting on the notice and there was no postal stamp on the envelope. I can ask my partner to witness to when it arrived, I will probably send them a SAR to see if they hold the time of posting but fundamentally I can see this being my word against theirs...

KeithP

Hello and welcome.

Yes you are right - your word against theirs.
Not worth even mentioning.

You now need to be thinking about a PoPLA appeal and the third post of the NEWBIES thread will guide you through that.

ImtheRealSpartacus

Thanks for the reply KeithP.
I have seen other NTKs on this forum that have a Date of Issue and a date of Posting (sometimes some days after).
PoFA 9.2 (i)  states that the NTK must "specify the date on which the notice is sent (where it is sent by post) or given (in any other case)."
It seems only including a date of issue is dodging the point so I will include that in my appeal.

KeithP

ImtheRealSpartacus said:

Thanks for the reply KeithP.
I have seen other NTKs on this forum that have a Date of Issue and a date of Posting (sometimes some days after).
PoFA 9.2 (i)  states that the NTK must "specify the date on which the notice is sent (where it is sent by post) or given (in any other case)."
It seems only including a date of issue is dodging the point so I will include that in my appeal.

I don't recall a NtK mentioning both 'date of issue' and 'date of posting', but that may be because it is such an insignificant point.

Umkomaas

ImtheRealSpartacus said:

Hi Everyone. I have searched the forum and can't find an answer to this.
I received a NTK on the 14th September, appealed and was rejected.
The thing is the date they (MET Parking) are saying the car was parked was 27th August and the date of Issue of the notice was 5th September. However I only received it on the 14th September, which puts them out of time. There is no date of posting on the notice and there was no postal stamp on the envelope. I can ask my partner to witness to when it arrived, I will probably send them a SAR to see if they hold the time of posting but fundamentally I can see this being my word against theirs...

On that particular point you are trying to climb a greasy pole. Even if you were to get to the top, it doesn't invalidate the charge. What are you hoping to achieve please?

Coupon-mad

Why do you think it's only about the date?

UncleThomasCobley

The date of the NtK is the only date you can use if the envelope doesn't have a date stamp. The actual date you received the NtK has no relevance whatsoever. It is the date it is "deemed" to have been delivered that counts.

Unless you can get your postman to write witness statement that he remembers delivering it to you on a particular date, you don't have anything else to prove the date it was delivered. In most cases, just take the date on the NtK and subtract the date of the alleged contravention, plus any non business days to figure out the "deemed" delivery date.

It is just a pity that there was nothing in the upcoming legislation to force these scammers to use "proof of posting" when time is such a critical issue. Not that I'm suggesting that these vermin wouldn't stoop to using that fact to their advantage... Oh, hang on... I am suggesting that. 

ImtheRealSpartacus

Well I have paid the ticket. I have too much going on elsewhere in life to fight it and I guess that is what they rely on. I have put a SAR into the DVLA though as I am interested to see if their date of issue is correct. It seems it cannot be when they posted it.

UncleThomasCobley

ImtheRealSpartacus said:

Well I have paid the ticket. I have too much going on elsewhere in life to fight it and I guess that is what they rely on. I have put a SAR into the DVLA though as I am interested to see if their date of issue is correct. It seems it cannot be when they posted it.

You paid the scammers. This was easily winnable with only a tiny bit of effort. You have become a part of the problem and are marked as a "mug" for future reference by the scammers.

It doesn't make sense because you are now chasing the DVLA with a SAR because you believe that the scammers failed PoFA on their dates. You would have been a winner if you'd just waited for their intellectually malnourished legals, DCB Legal, to issue a claim and this would have been thrown out at allocation stage.

Hey ho. It's your money... well, not any more. It's now the scammer's money.

fisherjim

ImtheRealSpartacus said:

Well I have paid the ticket. I have too much going on elsewhere in life to fight it and I guess that is what they rely on. I have put a SAR into the DVLA though as I am interested to see if their date of issue is correct. It seems it cannot be when they posted it.

So if the DVLA come back and say they requested your info on the 11th September what on earth will you achieve now, everyone will say done and dusted and that's final.