Think NTK is too late? How to proceed?

peterhjohnson

The "incident" happened in a Car Park owned by a well-known parking company 20/01/25. The driver made a mistake which Google Reviews show to be extremely common at this exact location.

HOWEVER, I don't think I should argue that, as  the first I knew of a problem was a postal PCN/NTK issued 03/02/25. So this was effectively "served" on me 05/02/25 which is more than 14 days?

So, here's my draft to go in the body of their online form:
--START--

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement  There will be no admissions as to who was driving and no assumptions can be drawn.

Your postal PCN/NTK has been served on me too late

The first I knew of a problem on 20/01/25 was a postal PCN/NTK issued 03/02/25. This was effectively "served" on me 05/02/25 which later than the legislation allows..

I am fully willing to take this to POPLA and the Courts if necessary but your best course of action is to accept this appeal, cancel the PCN and advise me that no further action will be taken.
--END--

Have I got this right?

Thanks!

Gr1pr

I have seen several concise replies regarding non pofa compliance and no keeper lliability on this forum,  so although your draft may be OK, personally I would use a concise template as seen in Smart parking or Horizon threads within the last few months 

Coupon-mad

Should have been a generic username  said:

The "incident" happened in a Car Park owned by a well-known parking company 20/01/25. The driver made a mistake which Google Reviews show to be extremely common at this exact location.

HOWEVER, I don't think I should argue that, as  the first I knew of a problem was a postal PCN/NTK issued 03/02/25. So this was effectively "served" on me 05/02/25 which is more than 14 days?

So, here's my draft to go in the body of their online form:
--START--

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement  There will be no admissions as to who was driving and no assumptions can be drawn.

Your postal PCN/NTK has been served on me too late

The first I knew of a problem on 20/01/25 was a postal PCN/NTK issued 03/02/25. This was effectively "served" on me 05/02/25 which later than the legislation allows..

I am fully willing to take this to POPLA and the Courts if necessary but your best course of action is to accept this appeal, cancel the PCN and advise me that no further action will be taken.
--END--

Have I got this right?

As above I'd use what us already written in every Smart Parking thread last year. Works a treat!  Try searching for posts by me including these keywords:

easy when you know how POFA

And if that's your real name contact the Forum Team (hit 'REPORT' on your own post above, explaining that personal data is included - your username!) and ask to change it. You don't post on public forums in your real name, and especially not when a PPC reckons you owe them money.

And they don't OWN the car park.

peterhjohnson

Thanks for the comments!   Coupon-mad said:

And if that's your real name contact the Forum Team (hit 'REPORT' on your own post above, explaining that personal data is included - your username!) and ask to change it. You don't post on public forums in your real name, and especially not when a PPC reckons you owe them money.

And they don't OWN the car park.

1. It's strange, I've been using this (fictitious) username on the Forum for many years without comment until the last few months when it's been jumped on twice. As my username has some reputation where I post often, I've added a note about its fictitious nature to my signature.
2. Some of the big name parking companies do appear to own car parks. EG https://www.eurocarparks.com/ says they "Manage, lease and buy Car Parks"
 

Coupon-mad

Rarely. They will not own this car park.

Anyway what's not to like re the one-liner that you'll find in your search results, that kills all Smart Parking cases at POPLA? Or is it not Smart Parking? Which PPC?

peterhjohnson

Coupon-mad said:

Rarely. They will not own this car park.

Anyway what's not to like re the one-liner that you'll find in your search results, that kills all Smart Parking cases at POPLA? Or is it not Smart Parking? Which PPC?

No it's not "Smart Parking", it's someone rather bigger whose records at Companies House show they own or lease lots of (mortgaged) car parks.

They had the good sense to cancel my PCN less than 24 hours after my appeal was submitted

Thanks