NCP parking charge notice

[Russs617]

Hi everyone, first time poster. I have just received a Parking Charge Notice to Keeper from NCP. It has been issued via APNR for an overstay.

I understand the fact they didn't issue the notice within 14 days is somehow relevant, but I don't know what it means in practice and whether this will help me challenged the charge.

Any help much appreciated.

[des8]

Could you please post up a photo of the NTK, first removing identifying details such as name, reg no. and NTK no. but leave in all dates and times.
Suggest you use a hosting site and post link here

[Russs617]

Hi DES8

Here's a link to PDF, hope it works.

img20240518_08004010.pdf

[des8]

Assuming the vehicle is registered in your name suggest you write to them as follows:

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

first class post with free certificate of posting from a post office to their registered office (as they do not provide an alternate address

If you use their online appeals portal make sure you do not inadvertently indicate the identity of the driver or mis-identify the driver. Some of these companies require box ticking which may lead them to incorrectly assume you were the driver, so be careful.

[Russs617]

Hi DES8

My only concern going down that route is that they haven't mentioned anywhere in the letter that it has been issued in line with POFA.

Does the fact they haven't mentioned POFA mean I can't use the letter template you've suggested?

I'm thinking this is deliberate because they were outside off the 14 days.

[des8]

They have issued a "Notice to Keeper" because they do not know the identity of the driver.

The driver is the one who may have contracted with the parking company and is the one liable to pay the charge.

As they do not know the driver's identity, the only way they can transfer liability for any unpaid charge is by adhering to the requirements of PoFA 2012.
Those requirements do not include mentioning the act on the NTK, but that does not mean you can't tell them you are aware of the requirements mandated by PoFA and that they have failed and so you have no intention of rolling over and paying their invoice as they cannot transfer the liability for unpaid charges to you

[Russs617]

Thanks, much appreciated