Charge Notice Advice

kacperhnat

Coupon-mad said:

But there isn't a fine.

Sorry not a fine its a charge notice of £100 (£60 if payed in 2 weeks). I've posted a picture of the notice but the forum team has removed it, so not sure if im allowed to post that again.

kacperhnat

Coupon-mad said:

But there isn't a fine.

Sorry not a fine it's a charge notice of £100 (£60 if payed in two weeks time). I posted the front page of it before but it was removed by the forum team so im unsure if im allowed to post it again.

Fruitcake

It may have been removed because it contained personal data, but MSE Towers should have emailed you to tell you this.

Yes, please post both sides again. Make sure to redact all personal data but otherwise leave everything showing.

You should also appeal to PoPLA using all the points available to you from the third post of the NEWBIES. These points should include, where relevant, but not be limited to,

Non PoFA compliant NTK
No keeper liability.
Not the landowner
No standing to issue charges in their own name
Inadequate signage
BPA CoP failures

kacperhnat

Fruitcake said:

It may have been removed because it contained personal data, but MSE Towers should have emailed you to tell you this.

Yes, please post both sides again. Make sure to redact all personal data but otherwise leave everything showing.

You should also appeal to PoPLA using all the points available to you from the third post of the NEWBIES. These points should include, where relevant, but not be limited to,

Non PoFA compliant NTK
No keeper liability.
Not the landowner
No standing to issue charges in their own name
Inadequate signage
BPA CoP failures

Here are both sides of the letter, hopefully I redacted all the personal info. I will read the NEWBIES post again.
(Image removed by Forum Team)

Fruitcake

That's definitely non-PoFA compliant because it does not mention the PoFA, nor does it include the mandatory PoFA wording about being able to hold the keeper liable, nor does it include the mandatory PoFA warning.

You should compare the wording of the NTK with that of the PoFA 2012, and state in your appeal which sections/wording has been omitted.

Please post your draft appeal here before submitting it.
Please note that PoPLA codes last at least 32 days.

Do not under any circumstances reveal the identity of the driver.

kacperhnat

Fruitcake said:

That's definitely non-PoFA compliant because it does not mention the PoFA, nor does it include the mandatory PoFA wording about being able to hold the keeper liable, nor does it include the mandatory PoFA warning.

You should compare the wording of the NTK with that of the PoFA 2012, and state in your appeal which sections/wording has been omitted.

Please post your draft appeal here before submitting it.
Please note that PoPLA codes last at least 32 days.

Do not under any circumstances reveal the identity of the driver.

I will definitely post a draft here once I have it written but it might take a day or 2.

Coupon-mad

The pictures of ParkingEye POFA and non-POFA NTKs are already linked in the NEWBIES thread where I talk about why the POFA matters and if you want to 'dig deeper'.

Dead easy one to win, and always was.

kacperhnat

Hi guys,

Im struggling to write this letter to POPLA as I do not understand why ParkingEye has not included the line about POFA/Keeper Liability in my charge notice. The date of event was on 9th and they issued the letter on 13th, that makes it only 4 days and definitely not too late to invoke keeper liability.

My question is why did they do that and is it still a 'golden ticket' even though they dont mention the POFA line?

All the templates I've seen mention NTK is non complinat due to the date and wording on the letter, however the date on my letter is compliant it's just the wording, so how do I go about starting my 1st point about the wording of the letter?

Sorry guys English isn't my first language and all the help is greatly appreciated.

Thank you.

Gr1pr

You don't need to know why they do that, there is no mandatory requirement to comply with POFA 

It either fully complies with the law, or it fails , if it fails, there is no keeper liability 

You have been told that it is not compliant, so as keeper you have no keeper liability, only the driver may be liable, if known or if divulged 

So your Popla appeal is based mainly on no keeper liability and driver not identified 

You were given a list of typical Popla appeal points, I suggest that you find recent successful Popla appeals based on no keeper liability, POFA failures etc and use what you find, instead of starting from scratch 

Coupon-mad

Probably just a rookie clerk who chose to issue the wrong NTK template. If the back doesn't have the PoFA paragraph - and the driver is not implied - then you WIN.