Late Notice to Keeper, but accepted I was driver

pcn_raker

Hi all,

I received a Notice to Keeper letter dated 19th Dec 2023 from BaySentry solutions for a contravention that happened on 2nd December 2023 (more than 14 days earlier). I had originally paid for the parking (which I realised later was for an incorrect amount of time) so I appealed against it and entered the driver details on their page. Now they have rejected my appeal and have given me two options, either pay fine or appeal to POPLA.

Can I appeal to POPLA mentioning that they issued the letter more than 14 days later from the date of contravention? Or is it too late now that I have voluntered the information that I was the driver?

pcn_raker

Update: There was no yellow ticket left of the car

Imnottelling

14 day limit is for keeper liability only. As you have already identified the driver, it's a moot point. You should still appeal to POPLA using the newbie thread as a guide. You can search the forum for previous successful POPLA appeals against the same private parking company or location. 

You could post up the NTK with personal information redacted (including PCN number, reg number etc) so that other more knowledgeable forum members can potentially offer guidance. 

troublemaker22

The 14 days and lack of a windscreen ticket are now irrelevant because you discarded the trump card (no keeper liability).  You need to do as @Imnottelling advised and appeal as driver.  Whatever other grounds you come up with be sure to challenge signage and landowner authority.

And take the long view.  A loss at POPLA is not binding on you and the parking company can't enforce except by suing you in the County Court and winning the case.  This forum will show you how to beat them if they take you to court,

Coupon-mad

Please show both sides of the NTK with ALL DATES SHOWING (but of course redact your data and the car VRM/images and PCN ref).

pcn_raker

Attaching images of the NTK

pcn_raker

One other bit that I wanted to add is, I orginally thought I paid for the right amount. The app used for parking payment is awfully deceptive. The app (CitiPark) was rather simple, it has a huge button that says "Pay for Parking", followed by entering the car registration and selecting the location of the parking lot. In the next screen it just asks for payment details to pay £1.20. There is no option for selecting the duration of the parking. I paid for the parking and unlike usual parking apps, it doesnt show any expiry of the ticket. While I thought it to be odd (especially since it was cheap), I just assumed it was a day ticket and rushed to my destination.

I happen to revisit the parking again few days ago and noticed that there is an parking charges board next to the parking machine and the cost of £1.20 is for an hour. I rechecked the app and again there is no option to choose the duration or specify the amount while purchasing the ticket.

On exploring the app further, I noticed that there is another button that says "Prebook Parking" where you can specify the start and end date and time and pay the correct amount for parking. It didnt occur to me when I originally parked there because I was not Prebooking Parking but rather trying to buy a ticket after I had parked.

Even for the receipt for original parking, they never show the expiry of the parking ticket:

Coupon-mad

pcn_raker said:

Attaching images of the NTK

What a shame you admitted to driving.  The above is clearly non-POFA snd the registered keeper had 100% easy win at POPLA, had they not appealed before coming here.

Can I appeal to POPLA mentioning that they issued the letter more than 14 days later from the date of contravention? 

Not now.  That 'baby was thrown out with the bathwater' of the ill-advised driver appeal.

Personally, I wouldn't bother with POPLA and would ignore this, as the winning point was binned.  Certainly don't pay!

pcn_raker

Coupon-mad said:

pcn_raker said:

Attaching images of the NTK

What a shame you admitted to driving.  The above is clearly non-POFA snd the registered keeper had 100% easy win at POPLA, had they not appealed before coming here.

Can I appeal to POPLA mentioning that they issued the letter more than 14 days later from the date of contravention? 

Not now.  That 'baby was thrown out with the bathwater' of the ill-advised driver appeal.

Personally, I wouldn't bother with POPLA and would ignore this, as the winning point was binned.  Certainly don't pay!

Thanks for your reply. I should have come here on day 1.

What do you mean by "wouldn't bother with POPLA", and "Certainly don't pay" ? What course of action are you suggesting?

Coupon-mad

I think you need to read the NEWBIES thread.  Everything is covered. No-one PAYS!