NCP PCN Cardiff - Assistance Required

aussiecoconut

Hi all

Looking for some final advice before I submit my appeal to NCP.  I received the below PCN as the registered keeper of the vehicle. Am I right in saying that it’s not POFA compliant due to the time between the incident and PCN?  If so should I just appeal with the below?

This is an appeal by the registered keeper - No driver details will be given. Please do NOT ask 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.

Thanks in advance 

Coupon-mad

Yes - easy when you know how, innit?

Good research. Good question. Let us know when you win.

You should ALSO lodge a separate complaint and then escalate it to the BPA and the DVLA data complaints team, that NCP have misled the keeper recipient by using a PoFA worded NTK saying they have 'the right to recover from you' (the keeper) when the dates mean this is clearly non-PoFA only.  This is a clear breach of the BPA CoP.

Debszzzz2

NCP will just respond with the fact that they are not relying on PoFA, because they don't mention it, even though they are trying to mislead the keeper that they will hold them liable. Another reason why, if a PPC issues a NtK where they intend to rely on PoFA, they should mention that fact. Surely they can't have it both ways? Rely on PoFA but not mention it and not rely on it but use wording from the Act.

aussiecoconut

Thanks both, I’ve submitted the appeal and will let you know how I get on. I’ll also send a complaint to the BPA and DVLA. 

Appreciate the replies and all the hard work you’ve put into the forum

aussiecoconut

Just to update anyone reading this post. NCP have now replied to my appeal cancelling the PCN. Thanks for the great advice on this forum.

Coupon-mad

Thanks for the expected update, as I said:

Yes - easy when you know how, innit?
Good research. Good question. Let us know when you win.

Umkomaas

aussiecoconut said:

Just to update anyone reading this post. NCP have now replied to my appeal cancelling the PCN. Thanks for the great advice on this forum.

Well done and thank you for the feedback. Would you please also let us know what the BPA and DVLA say in response to your complaint.