NCP - Parked causing obstruction

mo_1

Hi.

I have received a 'parking charge to keeper' in the post from NCP for 'parked causing an obstruction.

Having read similar posts and the newbies thread I am little confused as to weather I appeal using the one size fits all or appeal saying it's a non-POFA Notice to Keeper, and I won't name the driver.

https://forums.moneysavingexpert.com/discussion/6608182/pcn-from-ncp-greater-anglia-for-not-parking-correctly?utm_source=community-search&utm_medium=organic-search&utm_term=parked+causing+obstruction+ncp

The above thread specifically mentions railway byelaws and the below airport bylaws.
Mine is not in a railway or airport car park.

https://forums.moneysavingexpert.com/discussion/6523983/ncp-pcntok-parking-on-pedestrian-walkway-or-causing-an-obstruction-to-traffic-flow?utm_source=community-search&utm_medium=organic-search&utm_term=parked+causing+obstruction+ncp

I have also tried looking for @nopcns but they are showing as banned.

mo_1

Having done some further reading, i have found coupons POFA thread. It looks like it is the correct POFA wording. I hope i am wrong.

Coupon-mad

You are wrong. Clearly not POFA worded!

mo_1

What have i missed?

Umkomaas

Compare this warning from PoFA Schedule 4 para 9(f) and what the NCP ‘Please be warned …. ‘ para of their NtK says!

f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid

No keeper liability! 😊

mo_1

Umkomaas said:

Compare this warning from PoFA Schedule 4 para 9(f) and what the NCP ‘Please be warned …. ‘ para of their NtK says!

f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid

No keeper liability! 😊

Perfect thank you. Going back to my opening post. The threads i have found specifically mention airport and railway byelaws, this situation is not at an airport or railway station.

Umkomaas

mo_1 said:

Umkomaas said:

Compare this warning from PoFA Schedule 4 para 9(f) and what the NCP ‘Please be warned …. ‘ para of their NtK says!

f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid

No keeper liability! 😊

Perfect thank you. Going back to my opening post. The threads i have found specifically mention airport and railway byelaws, this situation is not an airport or railway.

Just adapt, remove reference to airport or railway or byelaws, but make it clear to them that as their NtK does not comply with Schedule 4 of the Protection of Freedoms Act 2012 para 9(f)(ii), as the registered keeper of the vehicle, you have no liability for the charge. You will not be providing them with any information on the driver, so they have no need to be asking. Cancel the charge, or you will have POPLA do it for them.

BEBELUCA2017

Were you even parked in a marked bay?

ChirpyChicken

BEBELUCA2017 said:

Were you even parked in a marked bay?

Completely irrelevant in this case 

ChirpyChicken

Umkomaas said:

mo_1 said:

Umkomaas said:

Compare this warning from PoFA Schedule 4 para 9(f) and what the NCP ‘Please be warned …. ‘ para of their NtK says!

f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid

No keeper liability! 😊

Perfect thank you. Going back to my opening post. The threads i have found specifically mention airport and railway byelaws, this situation is not an airport or railway.

Just adapt, remove reference to airport or railway or byelaws, but make it clear to them that as their NtK does not comply with Schedule 4 of the Protection of Freedoms Act 2012 para 9(f)(ii), as the registered keeper of the vehicle, you have no liability for the charge. You will not be providing them with any information on the driver, so they have no need to be asking. Cancel the charge, or you will have POPLA do it for them.

As above just use the airport appeal and remove the bits about being airport land 
Select keeper

mo_1

I will be sending the below, posting here to check please and as reference for anyone that may require in the future.

Your NtK is a non-POFA Notice to Keeper as it does not comply with Schedule 4 of the Protection of Freedoms Act 2012 para 9(f)(ii), as the registered keeper of the vehicle, The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NTK can only hold the driver liable.

I have no liability for the charge. I will not be providing you with any information on the driver, so you have no need to be asking. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.