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  • FIRST POST
    • taking time
    • By taking time 12th Apr 18, 8:02 PM
    • 9Posts
    • 2Thanks
    taking time
    UKPC wrong reg on NTK, double yellows, permit,
    • #1
    • 12th Apr 18, 8:02 PM
    UKPC wrong reg on NTK, double yellows, permit, 12th Apr 18 at 8:02 PM
    Hi
    Sorry to do this but I wanted to double check my appeal. It's a UKPC ticket was left on the windscreen with wrong reg (2 digits wrong - and it's a non exsistant number plate).
    I was parked on double yellows, partly. I had work permit on car. It's a public road. We have work car parks but I wasnt in it.
    Used standard initial appeal, saying wrong reg, not my car and I am not saying I was the driver. Asked POPLA code, they have not sent it.
    They have sent NTK on about day 45. Now I think I should have just left it but read they would send NtK anyway, but now it seems they dont have my details as reg is still wrong on NTK!

    Shalll I just re-appeal asking for popla code ie

    Thank you very much

    --------

    Your ref: xxxxxxx


    Dear Sir/Madam,
    FORMAL APPEAL TO NOTICE TO KEEPER, UNDER THE POFA 2012

    This is my appeal.

    I am not the registered keeper of the car mentioned in your Notice to Keeper that was dated xx/xx/2013. The driver will not be divulged so don't ask and don't pretend you have the powers to insist. You don't.

    My appeal is based on these facts:

    - I have now obtained the 'PCN' ticket which was placed on the windscreen and I see that this does not have the correct car registration on it, so it is a nullity. As such, no Notice to Driver was ever properly served.

    - your Notice to Keeper (NTK) wording is not compliant with Schedule 4 of the POFA 2012 and I will leave you to check where the flaws lie in your own Notice.

    - And as there was no PCN (Notice to Driver) served on my car due to the wrong registration error by your operative, your NTK would have had to arrive before day 15 to be properly served. However UKPC have treated this incident as if there was a NTD issued and have waited to issue the NTK, which is now too late and fails to meet the strict criteria within the POFA 2012.

    LEAVE THIS POINT OUT BELOW??? AS IT SAYS IT WAS MY CAR REALLY?? AND IT WAS ON A PUBLIC ROAD
    - the car is covered by a permit so the driver was not trespassing and there was no loss nor damage caused by the parking event. Under the BPA CoP, a PCN for 'breach of terms' (as you allege) must only be a genuine pre-estimate of loss.

    - UKPC is a mere agent who does not own the land, so you have no standing to make any contracts with drivers nor to pursue these charges in your name. If you allege you do, then you will need to show your landowner/client contract to POPLA and myself at the second stage appeal.

    I invite you to cancel this charge since you can see that you have no cause to pursue it now that I have pointed out the flaws. As there exists only a flawed Notice to Keeper and a nullity of a Notice to Driver, I am not liable in law. But under the BPA CoP, clause 22.14, you must consider appeals from registered keepers because they are entitled to appeal to POPLA.

    So if after careful consideration you decide to reject this appeal, you must send me a POPLA code without further ado, as was reminded to the BPA in the recent POPLA Newsletter (Nov 2013). Or you can confirm that the charge is cancelled.

    yours,


    REGISTERED KEEPER'S NAME
Page 1
    • KeithP
    • By KeithP 12th Apr 18, 8:29 PM
    • 6,600 Posts
    • 5,769 Thanks
    KeithP
    • #2
    • 12th Apr 18, 8:29 PM
    • #2
    • 12th Apr 18, 8:29 PM
    They have sent NTK on about day 45. Now I think I should have just left it but read they would send NtK anyway, but now it seems they dont have my details as reg is still wrong on NTK!
    Of course they have the right registration number.
    How do you think they managed to get your name and address from the DVLA without supplying the DVLA with the reg no of your vehicle?

    Are you sure the vehicle was parked on a public road?
    If that's the case, then you are best advised to post on Pepipoo's forums because we tend to concentrate on private parking here. You will need to signin with a non-hotmail email address there.
    .
    • taking time
    • By taking time 12th Apr 18, 8:45 PM
    • 9 Posts
    • 2 Thanks
    taking time
    • #3
    • 12th Apr 18, 8:45 PM
    • #3
    • 12th Apr 18, 8:45 PM
    Stupid question but as far as I know it's a public road. You just drive into the area
    No barriers except for the staff car park which I was not in. The council put in the speed bumps etc.
    • KeithP
    • By KeithP 12th Apr 18, 8:52 PM
    • 6,600 Posts
    • 5,769 Thanks
    KeithP
    • #4
    • 12th Apr 18, 8:52 PM
    • #4
    • 12th Apr 18, 8:52 PM
    Then where is it?

    Can you post a google street view image?
    .
    • peter_the_piper
    • By peter_the_piper 12th Apr 18, 8:53 PM
    • 26,750 Posts
    • 34,790 Thanks
    peter_the_piper
    • #5
    • 12th Apr 18, 8:53 PM
    • #5
    • 12th Apr 18, 8:53 PM
    Best check with the local council to ensure it is in public ownership.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
    • taking time
    • By taking time 12th Apr 18, 9:49 PM
    • 9 Posts
    • 2 Thanks
    taking time
    • #6
    • 12th Apr 18, 9:49 PM
    • #6
    • 12th Apr 18, 9:49 PM
    Hi, looking into it more, the land is owned by the council, and the organisations lease it (100+ years lease). The road I was on is un named so I guess that would indicate it's a private road. Thank you
    • Redx
    • By Redx 12th Apr 18, 9:52 PM
    • 17,771 Posts
    • 22,396 Thanks
    Redx
    • #7
    • 12th Apr 18, 9:52 PM
    • #7
    • 12th Apr 18, 9:52 PM
    which is why UKPC ticketed the vehicle and not the council CEO staff

    private road , so somebody who leases it has employed the par@sites known as UKPC
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • taking time
    • By taking time 12th Apr 18, 9:59 PM
    • 9 Posts
    • 2 Thanks
    taking time
    • #8
    • 12th Apr 18, 9:59 PM
    • #8
    • 12th Apr 18, 9:59 PM
    Thank you, is my appeal to them above ok? thanks. In light of the VRN situation - the reg is wrong on windscreen ticket and NTK,

    thank you
    • Redx
    • By Redx 12th Apr 18, 10:01 PM
    • 17,771 Posts
    • 22,396 Thanks
    Redx
    • #9
    • 12th Apr 18, 10:01 PM
    • #9
    • 12th Apr 18, 10:01 PM
    leave out anything identifying the driver

    I believe that the appeal about the incorrect VRM details on both tickets is best left for popla , as you dont want them sending out an amended PCN at this stage, you want it to go past day 56 but appeal the NTK as keeper within the 28 day deadline

    dont help them out with their mistakes
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 12th Apr 18, 10:02 PM
    • 6,600 Posts
    • 5,769 Thanks
    KeithP
    Have you considered just sending the template appeal from post #1 of the NEWBIES FAQ sticky thread?
    .
    • taking time
    • By taking time 12th Apr 18, 10:25 PM
    • 9 Posts
    • 2 Thanks
    taking time
    Have you considered just sending the template appeal from post #1 of the NEWBIES FAQ sticky thread?
    Originally posted by KeithP
    Hi, yes that's what I did, pretty much except adding in about it not being my car on the VRN, and they have sent the NTK to me.
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