Time of alleged breach per the NtD differs on Notice to keeper.

Pastafarian_fsm

As the title says, my Notice to Driver is states a time of 10:02 am and the Notice to Keeper states the alleged breach as 10:05 am. The alleged breach is for parking outside of a designated bay. I appreciate it is only 3 minutes, but does it help my appeal?

Gr1pr

Which parking company   ?

Which nation or give a location?

Probably best to post a redacted picture of the NtD and the subsequent NTK PCN letter, after hiding the name and address,  VRM details and the reference number too

Pastafarian_fsm

Hi, Sorry, I should have included more info:
This was at Salford University - Manchester.

Pastafarian_fsm

I was also wondering about the fact the NtK does not offer a discount or option to appeal.

Gr1pr

So its an NTK PCN letter that followed a windscreen pcn NtD, by Parking Solutions 24 Ltd,  in England for £60

Presumably an observation time of 3 minutes,  so check the consideration period requirement in the joint BPA CoP 2025

The front of the NTK PCN letter mentions appeal advice on the back

I dont think that they have to give a discount to the keeper,  due to issuing the windscreen pcn 

Coupon-mad

Pastafarian_fsm said:

I was also wondering about the fact the NtK does not offer a discount

They don't have to on a NTK that follows a windscreen PCN. I see it's PS24 so you will get POPLA and could win as long as you DO NOT say who was driving.

I say you could win because the POFA requires a para 8 NTK to "repeat the information in the NTD" which this one doesn't. Your 3 minutes is a winning point as long as you quote para 8 of the POFA at POPLA stage and do not appeal as driver.

Please show the back of the NTK as well. I need it for the NTK pictures thread that I am updating regularly. It must provide an option to appeal.

Pastafarian_fsm

Thanks Gr1pr, I will look into the Consideration Period requirement. I have attached the reverse of the NtK. Outlined in red is where they state that it is not possible to appeal.

Just been looking at the carpark again, the space the driver was in (Red arrow) looked like a valid space when driving around with the carpark fully occupied. It is not hatched out like all the other ones.(Green Arrows). I feel like leaving that one ambiguous is a good little money earner for them.

Gr1pr

The period for the driver to appeal the NtD windscreen pcn may well have lapsed, but the keeper should be able to appeal as keeper,  they mention in writing,  presumably a postal appeal using royal mail  ?

They should have an alternative online or email system 

The BPA AOS members list shows a complaint link, which fails 

https://www.ps24.co.uk/complaints-policy

Their website links to a complaints policy pdf document,  that says this

A complaint must be made in writing via email or post: 

Email: complaints@ps24.co.uk 

Postal Address: 232 Stamford Street Central , Ashton – Under – Lyne OL6 7NQ 

The complaint must be made within 56 days of the incident taking place. 

Personally I would email a complaint as keeper about the incorrect cannot appeal statement,  adding an appeal by the keeper to the complaint 

If that doesn't result in a popla code, I would complain about it to the BPA AOS compliance team on their website 

Coupon-mad

Pastafarian_fsm said:

Hi, Sorry, I should have included more info:
This was at Salford University - Manchester.

So this BPA member - in fact top right, SolutionLabs Ltd -  is telling the registered keeper - on receipt of the first postal notice (NTK) - that "the time to appeal has lapsed."

This was NEVER seen from BPA members before the IPC re-wrote the Code of Practice the way they - and ZZPS and their ilk - wanted it and the BPA's weak as dishwater (ex-PPC employee) Sara went along with it. Steve Clark would never gave agreed to some of the stuff in the 'Joint Code'.

This is damning evidence for the MHCLG and the CMA. And it's dated 8th April so it's post-DMCC Act. Misleading conduct.

Thankyou.

Castle

There's a "Parking Charge Number" reference still showing under the "How to Pay" section of the NTK.

Pastafarian_fsm

Castle said:

There's a "Parking Charge Number" reference still showing under the "How to Pay" section of the NTK.

Thank you, I removed and reuploaded the image but its still showing in Coupon-mad reply.