My parking appeal

Debszzzz2

The OP mentioned early on that the NtK didn't arrive until day 16. However, it matters not when it actually arrived (unless it can be proven). What matters is the date it was "deemed" to have arrived.

I haven't seen any indication of the date of the alleged contravention and the date of issue of the NtK which will tell us whether it is PoFA compliant as far as dates are concerned.

RNapper

Hi guys.

I think that the NtK is compliant - checked Coupons' photos and I seem to have the 'updated' compliant wording.

Also, the date of the alleged event was 20/12 and the date issued stated on the NtK is the 29/12

RNapper

Although I didn't receive it until 05/01/24

Debszzzz2

Then it is "deemed" delivered 2 working days after 29/12/23 which would be 3/1/24 which would make it exactly 14 days... just!!! So, if the wording is PoFA compliant and the dates are compliant, it is a PoFA compliant PCN/NtK and the keeper could be liable if the drivers identity is not known.

RNapper

Which means there is little value in worrying about identifying the driver?

(Certainly with regard to POPLA appeal)?

Coupon-mad

Yep.

Why are you trying POPLA?

Others may disagree but generally, I don't advise bothering with it, unless you have a strong point, like proof of signs with the £100 in small print.

RNapper

So, after nearly 2 months, POPLA finally got around to rejecting my appeal.

While I understand there are no certainties, can anyone here advise on 

a) likelihood of parking firm taking it as far as court?

b) likelihood of them winning if they do?

There is a lot of great advice on these forums re what to do immediately following a PCN but I'd be interested in hearing about people's experiences after the appeals process has been exhausted.

Many thanks for any further help.

Umkomaas

Euro Car Parks rarely pursue unpaid parking charges via the court, but they do have 6 years in which to do so. Make sure you inform them of any change in your address in the next 6 years. You don't want a court claim going to an old address. 

Ultimately the chance of your winning in court will depend on your Defence, your Witness Statement and whether, thereafter, a judge determines if you owe the PPC anything. We help loads of people with their Defence (template available) and Witness Statement (strong exemplars available), and in almost every case we see success. 

Come back on this thread should you receive Letter Of/Before Claim from the PPC's solicitors, or a County Court Claim via the Northampton CNBC.

RNapper

Thanks for that!