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Corporate Services parking Management (Hereford) NTK received.

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  • Corporate Services parking Management (Hereford) NTK received.

    Hello all.
    My first post and I’m looking for advice....... but then I guess that’s why most of us are here !
    I have received a NTK from Corporate Services (Hereford) and I think I have grounds for an appeal which I would like to run by you.
    My vehicle (I am Reg Keeper) visited a Pay and display car park administered by CSPM. I was not the driver. A ticket was purchased and we went to walk the dog. My vehicle was captured (ANPR) entering the car park at 1528. Cut a long story short, I spent some time looking for a lost dog and my vehicle was captured leaving the car park at 1706. Due to losing the dog we were late leaving and “overstayed” by around 30 mins. We do believe in paying for parking, especially as this site is owned by a local council and run by a charity to which the Parking profits go. We were unable to retrospectively pay for the overstay as any further ticket purchased would only cover us from the time of purchase onwards. ie not the overstay.
    If the date we parked is day 0, then the NTK dated day 15, and was delivered to my my home on day 17 !
    Having done some research it would appear that the service of the NTK does not comply with the requirements of PFOA 2012.
    Is this correct ? And of it is do we have grounds for appeal ? The NTK does not request me to provide driver details and I have not divulged these details.
    I have not responded to the NTK as yet.
    What’s your advice then please?

    Thanks in advance.

    Transporter.
    Tags: None

  • #2
    Your response on Pepipoo:

    If this is council land then it is not relevant land for the purpose of POFA and liability cannot be transferred from the driver to the keeper. Check with the local council.

    Otherwise

    Dear Sirs,

    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.

    I was not the driver at the time and as there is no legal requirement to name the driver 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


    Find out the council information first and let us know so that the letter can be modified

    Comment


    • #3
      Click image for larger version

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ID:	1488680 Hi, it’s difficult to tell ....... The Country Park website says “ Queenswood Country Park and Bodenham Lake are managed by a partnership of two local organisations: Herefordshire Wildlife Trust & New Leaf.
      Both sites are retained in public ownership through Herefordshire Council and leased to the partnership via a 99 year leasehold ‘community asset transfer’. “
      It it is not your average council pay and display car park. Signage would indicate that it is private land.
      ​​​​​​​Please see photos.

      Comment


      • #4
        So insert as the second line:

        The parking place is provided by a county council and as such is not relevant land under paragraph 3 of schedule 4 of of the Protection of Freedoms Act 2012 and therefore there can be no transfer of liability from the driver to the keeper.

        Even if it were relevant land then you have failed ........etc

        Comment


        • #5
          Brilliant...... thanks for that. I will appeal then to Corporate Services in the first instance. I don’t suppose for a minute that they will fold and I will end up needing the code for the next stage appeal.
          Thanks again

          Comment


          • #6
            Ok then....... after a bit of work the land is confirmed as private. I will draft the appeal letter to Corporate Services Parking Management (Hereford).
            I assume that this initial appeal is only to obtain the Popla code number ? And so can just be straightforward as you have indicated above. Do I stick with just the one point with the Popla appeal, or look at all routes such as signage etc ?
            thanks again.

            Comment


            • #7
              With POPLA you throw everything in.

              What made you decide it was private land?

              Comment


              • #8
                I Emailed the Hereford Wildlife Trust to see if they (as the landowner indicated on their website) could withdraw the NTK . They referred me back to Corporate Services . I the emailed them again to confirm ownership, but so far no reply. The signs at he site indicate that is is private land. See photo. Click image for larger version

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                • #9
                  One thing I don’t totally understand at the moment is that nowhere on the NTK does it mention POFA . Also it doesn’t seem to request/seek driver details ?

                  Comment


                  • #10
                    So have you submitted that appeal yet? Just because the sign says it's private doesn't mean that it is not owned by the council.

                    Have you checked the 0CN you received against the wording required by POFA? Here's POFA : http://www.legislation.gov.uk/ukpga/...dule/4/enacted paragraph 9 is the relevant portion. 9 (2) states all that must be on the NTK to transfer liability from the driver to the keeper.

                    Comment


                    • #11
                      Hello Ostell,
                      I haven’t submitted the appeal to the parking as yet. As I say the sign says that the land is private. I am still waiting replies to Emails from Herefordshire Council And Herefordshire Wildlife trust as to legal ownership. There are Open Source documents on the council web site which indicate that in 2016 the lad was transferred to the Hereford Wildlife Trust under an Asset Transfer Order and is now owned by the Wildlife trust on a 99 year lease.
                      photographs of the actual NTK that I received.
                      The NTK arrived late ie 17 days, and so I assuming that the POFA was missing as they knew they were unable to comply with the requirements.
                      Having checked the POFA link above, the NTK would appear to fail on 9.2(e).... no request for driver details. & 9.4..... Outside of the relevant period.
                      To be honest, the notice looks strange. It looks like they have left parts out ie no request to supply driver details but a phrase “ should you provide an incorrect address for service” & “ should you identify someone who denies they were the driver”.
                      I have attached a photos of both sides of the NTK. Could you cast an expert eye over them and see what you think .

                      Click image for larger version

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                      Comment


                      • #12
                        So if you prevaricate then you will run out of time to submit an appeal. Get the appeal in then the rejection and then POPLA appeal with all the fails

                        I can't read the PCN, insufficient detail but it looks like a lot is missing. Host on an external site and link to it. Imgur is one that works.

                        So council have leased the land to the trust. The landowner is the council, the trust is the landholder

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                        • #13
                          Thanks Ostell ........ will get onto it now.

                          Comment


                          • #14
                            https://imgur.com/a/LEJKNG0.
                            Think this will work .

                            Comment


                            • #15
                              Just send that appeal!!! You will run out of time. You can build up the rest of the fails for the POPLA appeal

                              Comment

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