NCP - Forgot to pay online

virginblue4

Hi all,

I received a parking ticket in the post recently for not paying. The machines had huge queues so I had intended to pay online (you can do ao up to 72 hours after leaving the carpark) as I usually do when I use this carpark.

However, on this occasion it totally slipped my mind and we went abroad the next day. My fault but it was an honest mistake. I'm aware they won't accept this reason sa an sppeal but from researching online I understand that the notice as part of POFA should be sent out within 14 daya and as you can see from the dates this clearly wasnt the caset actuely tag, them 30 days to send out the notice.

Do I have grounds to appeal on this?

Thave attached redacted photos of the ticket.

Any advice would be greatly apprecisted.

Thank you.

Gr1pr

Cant see the location, but the timescale between the incident date and issue date indicates to me that NCP have failed to comply with POFA 2012 so no keeper liability 

Appeal as keeper using one of the typical not compliant with POFA templates as seen in other Smart parking, Horizon and NCP threads 

No blabbing about who was driving or about the incident itself, no additions, no excuses, just POFA 

virginblue4

Thank you. Do you need to know the location?

One final question, whilst I’m using POFA to appeal, nowhere does it state on the notice to keeper that it is being issued under POFA. So will this still be ok?

Gr1pr

The location may be relevant, the fact that POFA is not mentioned is precisely why the keeper appeals as keeper based on no keeper liability because POFA is not in the mix  ( nothing to do with me guv , go chase the unknown driver who shall not be named. )

POFA is the only possible way that the parking company can try to transfer liability from the driver to the keeper 

I suggest that you read the newbies sticky thread in announcements again, because POFA is one of the main get out of jail free cards in numerous cases 

LDast

The NtK tries to make you think it is PoFA compliant but it isn't because it failed to comply with para 9(5). Normally, if the car park is on land under statutory control such as an airport or railway station, they would not use an NtK that tries to comply with PoFA. The reason the question was asked above is because of your comments about parking and then going away the next day.

So, in this case, whether it was or was not at a car park on land under statutory control, the NtK was not "given" within the required time and so NCP cannot rely on the provisions of PoFA to transfer liability from the driver to the keeper. NCP have no idea who was driving and only the driver is liable. Had they complied with the strict requirements of PoFA, they could have transferred the liability from the driver to the keeper. They haven't.

Appeal as the keeper with the following which should be enough for them to cancel it:

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual  trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA 9(5). As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

Coupon-mad

virginblue4 said:

Thank you. Do you need to know the location?

One final question, whilst I’m using POFA to appeal, nowhere does it state on the notice to keeper that it is being issued under POFA. 

Yes it does. But it shouldn't.

virginblue4

Just wanted to say to everyone, thanks for your help. The parking charge has been cancelled. 

Coupon-mad

Brilliant news!