Euro Car Parks.

[Slade2]

I have just received a NTK from Euro car parks.


I just need someone to confirm a couple of things, I am the registered keeper.

the event date on the NTK is the 21/12/2021 and the issue date is the 31/12/2021 so thats 10 days, the 1st of Jan was a Saturday, the 2nd was a sunday, the 3rd was a public bank holiday, the 4th would have been the first work day and the 5th would have been the 2nd and subsquently the day I recieved the notice to keeper, this would have been day 15 and so the NTK fails the 14 day rule, would someone be kind enough to confirm my thinking.

Also, I believe the Euro car parks NTK also fails to give the inivitation to the keeper in the format prescribed by section 9 (2) (e) of the act, so they cannot transfer libility for the alleged charge from the driver at the time to me the keeper.

Do I include both points in my return letter or just the first part? after all there isnt any point in part 2 if it hasnt been delivered in time anyway?

Thanks,

Slade2

[Slade2]

To update after sending a letter to Eurocarparks I have received a letter back to deny my appeal and they have given me a POPLA code. Can someone let me know how to proceed?

[ostell]

So lets see the NTK so that people can find all the POFA fails for POPLA. Use imgur to post and put the link on here

[Slade2]

https://imgur.com/a/0PIO8Aw

The NTK has been redacted and posted above.

The letter I recieved rejecting my `appeal` makes multiple references to the you/the driver initially but then only refers to the driver after the first bit, can I appeal to POPLA as the keeper?

My thinking on the POPLA apeal is the same as the initial reason that I didnt get it until day 16. (but am looking at it being a day late under the rules) The letter I have recieved rejecting the appeal even makes reference to the fact that the operator must follow the procedures set out in PoFA schedule 4 to achive the benifits of keeper liability but they havent refuted or even defended what I raised in the letter, just flat out rejected it and added a load of other reasons which are not remotely relevant.

Dated of alleged parking was the 21st of December. (Day Zero) There for 22nd was day 1.

The letter was sent on the 31st of december. (Day 10)

Day 11 was a Saturday, (the 1st) Day 12 was a Sunday (the 2nd) Day 13, was a Bank holiday Monday, Day 14 would have been the first quailiftying day according to POFA, and then day 15 would have been the date it was deemed to arrive. It actually arrived on day 16 so it was a day over that anyway but thats sort of irrelvant because according to POFA it would have been deemed to have arrived two working days after it was posted. So it offically arrived on day 15.

Any thing else I can use for the appeal would be good, ostell any comments? looking to get this Appeal sorted as soon as possible.

[Slade2]

Just for info but I ended up paying this one in the end. While its somewhat annoying I had to pay it, I dont think there was a technicality that I could use to get out of it. The issue date isnt classed as the `posted ` date so I think POPLA might have said it stood and I dont know enough to work out if there are any other POFA fails and to be honest I just wanted done with the whole thing, So in this case its ME 0 - ECP 1 but I am currently still leading 2-1 having succesfully won two previous appeals.

[ostell]

Yes, the failure to deliver within 14 days is a good reason and POPLA would have accepted that as assumed delivery is the 5thand day 15.

There are other POFA fails in that NTK