NCP auto pay failure PCN to keeper

emalms

Thank you.  To clarify is that working days?

troublemaker22

It’s 21 days (not working days) from the date of delivery. The date of delivery is the second working day after posting. As you’re dealing with NCP it should be safe to wait the full 21 days because NCP notices usually give 28 days to appeal (but check your notice). 

With all due respect to the Edna Basher templates, I prefer a simpler approach. 

“I appeal as hirer. I am not obliged to identify the driver and I decline to do so. You cannot transfer the driver’s liability (if any) to me because your notice does not comply with the requirements for hirer liability set out in paragraphs 13 and 14 of the Protection of Freedoms Act 2012 (‘POFA’). Specifically, you have failed to enclose with your purported notice to hirer the documents required to be enclosed by POFA paragraphs 13 and 14. 

I require you to cancel your purported notice to hirer or to issue a POPLA Code so that POPLA can order you to cancel it.”

emalms

Update on the above - I appealed using the NTH template, as recommended.  However, these have all been rejected.  The wording used by the NCP is as follows:

“we have reviewed your case and considered the comments you have made. Your appeal has also been considered in conjunction with the evidence gathered by our Automatic Number Plate Recognition cameras, which record your entry and exit times. Our records show the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking. We are therefore unable to cancel the Parking Charge Notice as it was issued correctly”

No reference made to paragraphs 13 and 14 of POFA or to driver liability.  

They have included a POPLA reference for each appeal. 

In everyone’s experience, what are the chances of POPLA accepting my appeal? 

Debszzzz2

emalms said:

In everyone’s experience, what are the chances of POPLA accepting my appeal? 

Almost 100% as long as you lead the assessor by the nose into the PoFA breach.
 
They've rejected it because either there was no human intervention and it was rejected automatically or any human that did intervene is intellectually malnourished.

Be satisfied that it will have cost NCP £30+ to get you that POPLA code. Lead your POPLA appeal with the PoFA failure but also throw in the usual kitchen sink stuff.

Coupon-mad

emalms said:

Update on the above - I appealed using the NTH template, as recommended.  However, these have all been rejected.  The wording used by the NCP is as follows:

“we have reviewed your case and considered the comments you have made. Your appeal has also been considered in conjunction with the evidence gathered by our Automatic Number Plate Recognition cameras, which record your entry and exit times. Our records show the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking. We are therefore unable to cancel the Parking Charge Notice as it was issued correctly”

No reference made to paragraphs 13 and 14 of POFA or to driver liability.  

They have included a POPLA reference for each appeal. 

In everyone’s experience, what are the chances of POPLA accepting my appeal? 

100% win.    

emalms

This is promising to hear.  Strangely enough the appeal rejection letters were sent at early hours in the morning which I thought was odd. 

I’ll have a look on the other page to locate a template for this appeal. 

Coupon-mad

No just search the forum for

POPLA POFA HIRER APPEAL

KeithP

@ironman22, this will be easy to resolve, but not on a thread devoted to someone else's problem. Yes of course read similar threads and learn from them, but diverting the conversation towards a different situation will only lead to confusion.

Please start a new thread and ideally delete your post from this thread. Thanks.

IronMan22

Apologies, I have done that

emalms

Thanks to everyone for your help.  I’ve found the templates and have a few points to make in my appeal, as follows:
1. The NTK didn’t comply with the legislation
2.  The point re landowner
3. Lack of information re the auto pay system not working and being under maintenance.  I note that other NCP car parks have signs up to demonstrate this.  
Do these seem like enough to make? It doesn’t feel like a strong case when reading the very detailed templates.