NTK received from Britannia parking after 60 days

ac1970

Hello

I received an NTK from Britannia parking today, 30th Deptember. It is dated 17th September and refers to a contravention on 1st August.
Is this past it’s time limit and is this good enough grounds for appeal?

No ticket or notice was given on the day

Thanks.

Woodstok2000

It's within the time for a pcn, but not to transfer liability to the keeper. No blabbing on who was driving.

Gr1pr

As above, they have 6 months to obtain keeper details and one month to get the pcn to the keeper, so 2 months is well within the 7 months limit

ac1970

so can they transfer liability to the keeper or not? Why do you say they have 6 months but I read elsewhere that they only have 14 days?

splatt30

sorry to hop on….my husband similarly received a parking charge notice today dated Sept 24th for an offence on August 23rd. SO over 14 days. Finding this all a bit tricky to follow….does he pay it or can he appeal on the basis they have taken too long to notify him as the keeper of the vehicle?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82154414#Comment_82154414

No, because they failed to comply with Pofa2012, the 14 days deadline, so believe what Woodstock told you earlier

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82154415#Comment_82154415

Please start a new thread about it, but no offence occurred, yes he can appeal it, no he shouldn't pay it

ac1970

this is what AI tells me…

No, that is a common point of confusion. You are absolutely right that they have up to 7 months under the BOA code of practice to issue a "Non-POFA" notice. However, there is a massive legal catch for them: They can take months to request your details from the DVLA if they want to, but doing so completely forfeits their right to claim "Keeper Liability".

Why the 14-Day Window Always Wins for You

Parliament created the Protection of Freedoms Act (POFA) 2012 to give parking companies a special legal "bridge" to hold the keeper responsible even if they didn't know who was driving. The strict rule of that contract is: if they want that bridge (Keeper Liability), they must get the letter to you within 14 days. Since they took 47 days to issue it and 60 days to deliver it, their bridge is gone. Why They Are Stuck

By missing the 14-day window, they can now only legally demand money from the driver. Because it was an ANPR camera, they have no idea who was driving. Because you genuinely do not know who was driving, and you are under no legal obligation to guess or investigate for them, they have nobody left they can legally pursue.

ac1970

https://forums.moneysavingexpert.com/discussion/comment/82154421#Comment_82154421

thanks but perhaps you could have made your first reply clearer. So it’s too late, and I should appeal as the keeper that they cannot transfer liability?

They are likely to reject the appeal I suppose but what about POPLA?

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82154436#Comment_82154436

You can try popla, but the pcn is valid even if only for the driver. They will probably claim they are pursuing you as the driver on balance of probabilities. Ignore them.

Gr1pr

Correct, popla are a law unto themselves, but not revealing who was driving and appealing as keeper based on no keeper liability due to their failure to comply with Pofa2012 timescales should win

The deadline of 7 months is in the DVLA KADOE contract, nothing to do with Pofa2012 or the BPA Code of Practice