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  • FIRST POST
    • HaloNerd117
    • By HaloNerd117 14th May 18, 1:54 PM
    • 2Posts
    • 2Thanks
    HaloNerd117
    No NTK served by One Parking Solution. At POPLA stage. Can I win?
    • #1
    • 14th May 18, 1:54 PM
    No NTK served by One Parking Solution. At POPLA stage. Can I win? 14th May 18 at 1:54 PM
    Hello good people!

    I'm very new here but I've found reading everyone's posts has helped me immensely with this. This is very short notice but hopefully I'm able to find some help, I will keep this thread updated as I go through the process for others in a similar situation.

    Situation: I received a Parking Charge Notice on 17th March 2018. by One Parking Solution limited.
    I appealed using the NEWBIES thread advice on 13th April (day 27). I then received a rejection on 17th April (Day 31). That was their last correspondence of any kind. It is now day 58 and no NTK has been served.

    My Question: Since more than 56 days have passed, should I appeal based solely on this to POPLA as non-complaint with POFA and no keeper liability? or would I need to include this as well as a lengthy explanation of their crap signs etc. as others have done to throw them off?

    At no point have I identified the driver.

    I plan on doing the latter just in case, as the keeper, by midnight tonight!

    What would you advice?

    Cheers

    HaloNerd
Page 1
    • DS90
    • By DS90 14th May 18, 2:31 PM
    • 34 Posts
    • 23 Thanks
    DS90
    • #2
    • 14th May 18, 2:31 PM
    • #2
    • 14th May 18, 2:31 PM
    Hi, the same thing happened to me a few years ago with a POPLA firm. The parking operator failed to issue an NTK in time so I used that as my primary defence at POPLA, but I also went hard on all of the other points.

    In the end, the parking operator didn't even bother submitting any evidence to POPLA, so the appeal was allowed regardless. I think the lack of an NTK within the timeframe of POFA is a slam-dunk at POPLA, because they can no longer legally pursue the keeper for the charge. Most likely it's a half-arsed firm that only pursues as far as the appeal stage so they may not bother submitting any evidence to POPLA either.
    • Umkomaas
    • By Umkomaas 14th May 18, 3:14 PM
    • 17,571 Posts
    • 27,778 Thanks
    Umkomaas
    • #3
    • 14th May 18, 3:14 PM
    • #3
    • 14th May 18, 3:14 PM
    DS90's advice is good. If you're brave, you could go with a single appeal point of 'No Keeper Liability', or you can 'kitchen-sink' it with all the standard appeal points from the NEWBIES FAQ sticky, post # 3. When bit-part operators are faced with a very detailed appeal, the don't have the staff resource to deal with it, and very often fold on its receipt.

    If you go for the longer appeal, make sure the 'No Keeper Liability' appeal point is at #1.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • HaloNerd117
    • By HaloNerd117 14th May 18, 3:17 PM
    • 2 Posts
    • 2 Thanks
    HaloNerd117
    • #4
    • 14th May 18, 3:17 PM
    • #4
    • 14th May 18, 3:17 PM
    Fantastic. I thought so and will be doing exactly that as my main defence.

    The PCN itself and the 1st stage appeal rejection letter has nothing about "keeper liability" after this many days anyway, it only states in one bit of the PCN that "if a payment is not made after 28 days, we may pursue the details of the keeper from DVLA and send a notice to keeper". That is the only reference to the keeper but there's no mention of liability.

    I will post up the appeal I tend to submit tonight along with the PCN for others to look at. I will also update as we go along
    • Coupon-mad
    • By Coupon-mad 14th May 18, 3:27 PM
    • 57,393 Posts
    • 70,997 Thanks
    Coupon-mad
    • #5
    • 14th May 18, 3:27 PM
    • #5
    • 14th May 18, 3:27 PM
    No NTK served by One Parking Solution. At POPLA stage. Can I lose?
    Fixed that for you, the answer to the amended question, is no.

    Not without a NTK.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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