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Here we go again

Fruitcake
Posts: 59,464 Forumite


A relative borrowed my car and parked in Angel Place shopping centre car park, Bridgwater. They had set up and frequently used autopay, but only registered their own VRM. Consequently I got a NTK from UKPA for non-payment because of the driver's error, forgetting they were in a different car, and genuinely believing the autopay would kick in as it always did when they drove their own car.
I intend to use a bespoke initial appeal, then appeal to PoPLA if/when it is refused.
Note that the autopay system is operated by a different company to the PPC, but both must have access to the ANPR scamera system.
Signs, NTK both sides, and info from the autopay company website follow.









My initial appeal will briefly mention, but not explain my reasoning: -
Confusing signage - Hozah Ts and Cs differ from UKPA's. Unclear which one takes precedent.
Inadequate signage - Cannot be read at a car length.
Hozah allows payments up to 24 hours after the parking event.
Hozah Ts and Cs state payment will be taken when the driver enters the car park once an account has been set up. There is no mention of what will happen if the driver is in a different car. (Tenuous I know, but the CRA 2015 applies).
NTK issued too soon. - Hozah Ts and Cs state payment can take up to ten days to be processed, but the NTK was issued before ten days.
Non PoFA complaint NTK - does not invite keeper to pass the NTK to the driver. (Use of the word, "should" denotes an obligation or requirement, not an invitation that can be accepted or refused)
Major typo - The driver registered a different VRM therefore the reduced rate of £20 should be offered. (Relative will pay if that works)
I'll then expand on these at PoPLA with images if the above fails.
Worst case and I get a LBC, I'll name the driver and make them start again.
I intend to use a bespoke initial appeal, then appeal to PoPLA if/when it is refused.
Note that the autopay system is operated by a different company to the PPC, but both must have access to the ANPR scamera system.
Signs, NTK both sides, and info from the autopay company website follow.









My initial appeal will briefly mention, but not explain my reasoning: -
Confusing signage - Hozah Ts and Cs differ from UKPA's. Unclear which one takes precedent.
Inadequate signage - Cannot be read at a car length.
Hozah allows payments up to 24 hours after the parking event.
Hozah Ts and Cs state payment will be taken when the driver enters the car park once an account has been set up. There is no mention of what will happen if the driver is in a different car. (Tenuous I know, but the CRA 2015 applies).
NTK issued too soon. - Hozah Ts and Cs state payment can take up to ten days to be processed, but the NTK was issued before ten days.
Non PoFA complaint NTK - does not invite keeper to pass the NTK to the driver. (Use of the word, "should" denotes an obligation or requirement, not an invitation that can be accepted or refused)
Major typo - The driver registered a different VRM therefore the reduced rate of £20 should be offered. (Relative will pay if that works)
I'll then expand on these at PoPLA with images if the above fails.
Worst case and I get a LBC, I'll name the driver and make them start again.
I married my cousin. I had to...
I don't have a sister. 

All my screwdrivers are cordless.
"You're Safety Is My Primary Concern Dear" - Laks
3
Comments
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You mean if you get a LBC you'll name the driver. They need to be more alert in private car parks!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Coupon-mad said:You mean if you get a LBC you'll name the driver. They need to be more alert in private car parks!I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks1
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Fruitcake said:Non PoFA complaint NTK - does not invite keeper to pass the NTK to the driver. (Use of the word, "should" denotes an obligation or requirement, not an invitation that can be accepted or refused)4
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