PCS:NTK : MultiStory being refurbed, payment machine indicated no connection

Coupon-mad

Just as I suspected.

Non-POFA worded, so you can easily kill this at POPLA. See NEWBIES thread for appeals stages. The keeper appeals, not saying who was driving.

What are those dates you covered up?

bob_a_builder

Date of Notice 21/08
Date of issue 12/08 = parking date

Coupon-mad

OK so it was posted in time, but they've chosen not to hold the keeper liable. Perfect!

bob_a_builder

Is this the plan ?

1.
Appeal via PCS web site, using 1st 2 paras of 1st appeal ( other paras not relevant ) - not identifying as driver
i.e
"Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle."

2. Wait for rejection

3. Make a POPLA appeal : On what grounds, just state "Non POFA" or specific reasons - Which are ?

Is that correct ?

Coupon-mad

Correct.

You can search the forum for a non-POFA POPLA appeal. Loads here.

bob_a_builder

I've had a trawl and read thru the POFA & Non POFA images thread
But I'm not really sure what makes my one non POFA - Could someone please give me a pointer or two - Thanks

Since this one says they will go directly to debt collector if driver not identified, at which point / how would I get the number required to make a POPLA appeal

Is my claim that the paperwork is non POFA the only case I need to make, or would I also need to go into details of the parking event

TIA

Gr1pr

Just use a simple template stating that the NTK PCN letter failed to comply with Pofa2012 so no keeper liability

They will either cancel the pcn ( unlikely. ) or will reject the appeal and issue a POPLA code ( highly likely )

Car1980

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

To say the "period of parking" is an unspecified period of time "immediately preceding" isn't a period of parking. It's not even a period full stop. Is it a millisecond before? Is it 23 hours before?

b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

It does not say the charges have not been paid in full.

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;

Last paragraph missing.

Popla are crap nowadays. You need to head them off. Tell them the law says the notice MUST contain the information. Substantially compliant is NOT compliant. The information does not have to be verbatim, but virtually all NtKs do state the requirements verbatim as it's obviously easier for both parties. Not verbatim invites confusion and invites the assessor to make a judgement call that would not be evidence based. The law is the clearest evidence available and "not verbatim" should be a case of de minimis, otherwise it would clearly fall foul of the MUST requirement in law.

bob_a_builder

How is this for the initial response to the NTK "stating that the NTK PCN letter failed to comply with Pofa2012 so no keeper liability" ?
===================
NOTICE TO KEEPER NON-COMPLIANCE WITH POFA 2012

I appeal the above-referenced Parking Charge Notice (PCN) issued in respect of vehicle registration xxxxxx
I am appealing in my capacity as the Registered Keeper of the vehicle.

I deny any liability for this charge. Your Notice to Keeper fails to comply with the mandatory statutory requirements set out under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA 2012).
Consequently, you do not possess the statutory right to claim unpaid parking charges from the registered keeper.

There is no obligation in law for the registered keeper to identify the driver, and I decline to do so.

EDITED to remove a couple of paras, text change
=====================

Gr1pr

Looks OK to me