ANPR NTK...notice to be issued within 14 days??

Tun80 · 21 June 2017 at 3:07PM

Hi all,

I've been reading as much as I possibly can about the deadlines for Parking Charge Notices to be issued, because I'm currently getting hammered by ParkingEye.

I was under the impression they have to issue the notice within 14 days of the parking offence...but I just read a guide put out by the money saving expert which says 15 days on it.

I'll be happy if either of these deadlines is the case, I just wanted to know?

Many thanks!!!!

Redx · 21 June 2017 at 3:13PM

if they follow POFA2012 (which they dont have to) then they have 14 days to get the NTK to the keeper for ANPR incidents

the day it happened is day zero, so the NTK must arrive with the keeper by day 15 (assuming its not a hire car , see the NEWBIES thread about those)

if they do not follow POFA, or if they are late in sending , then they have failed POFA and so have 6 years to enforce against the driver (not the keeper)

many PPC`s do not follow POFA2012, yet still mither the keeper

so if PE are using ANPR and the pcn does not arrive by day 15 , they have failed POFA2012 (this does not invalidate their claim , but makes it harder to pursue it)

if they know they have failed POFA2012, they remove the paragraph about it

all this is explained in the NEWBIES sticky thread

Tun80 · 21 June 2017 at 3:19PM

Thanks for the reply Redx!

I've been going through the newbies thread since last Friday, and used part of a template to appeal...but everything's getting confusing.

Just needed help in trying to make sense of it.

Redx · 21 June 2017 at 3:23PM

the BPA template in blue text is used for PE cases

unaltered = "as is"

it does not need any alterations so not sure why you have amended it (assuming you used it)

if PE have failed POFA2012 (arriving by day 15) then an extra paragraph should be added saying so , plus the part about misuse of data is slightly altered to show past tense

Umkomaas · 21 June 2017 at 3:25PM

Pleeeease don't say that in altering the template initial appeal you gave away the identity of the driver.

Tun80 · 21 June 2017 at 3:50PM

This is what was sent:

Dear Sirs

Re: PCN No.

I challenge this 'PCN' as keeper of the car.

Notice to Keeper not issued within the mandatory 14 days, as no windscreen PCN was issued.

'A notice to keeper must be served not later than 14 days after the vehicle was parked'

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Umkomaas · 21 June 2017 at 3:54PM

That's ok. See how they respond.

Does their NtK to you have a paragraph at the foot of the first page 'If after 29 days .......', or is there a gap suggesting a whole paragraph has been deleted from the letter?

Tun80 · 21 June 2017 at 4:11PM

No, there's no mention of the 29 days on any of the letter...front or back.

The only noticeable gap I can see is on the back of the letter, under the heading 'PARKING CHARGE INFORMATION'

Umkomaas · 21 June 2017 at 4:17PM

Tun80 wrote: »

No, there's no mention of the 29 days on any of the letter...front or back.

The only noticeable gap I can see is on the back of the letter, under the heading 'PARKING CHARGE INFORMATION'

They cannot therefore claim keeper liability as their NtK is non-compliant. You must deal with this as the keeper and never divulge the identity of the driver. You can win this at POPLA.

Tun80 · 21 June 2017 at 4:23PM

Thank you very much for your reply Umkomaas...really appreciate it!!

I'll see what they come back with...

Coupon-mad · 21 June 2017 at 5:55PM

You have a Golden Ticket! Hooray, you win at POPLA if you word it right!

The POFA 2012 'keeper liability' stuff goes on the back now, since PE altered their PCN design. People who get one with a gap, as you describe, can win merely by talking about no keeper liability and pointing out to POPLA that it's a non-POFA one.

I expect PE will write for 'further info' asking who was driving - LoooooLLL!!! Ignore that one, if they send it. Wait for the rejection letter & POPLA code, then come back and we'll help you win.

You are lucky, a PE Golden Ticket is IMHO, not possible to lose at POPLA with, except for people who say who was driving.

ANPR NTK...notice to be issued within 14 days??

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