NCP Parking Charge Notification

[Guest]

Hi,
I received a parking charge notification on 1st April 2020, relating to parking on 28th Jan 2020, over 2 months later.* I appealed straight just away saying the train was 20 min late. Parking was 38 min in total, with an allowance of* 20 min wait time. I forgot about the parking time as was checking train delay and arrival time. However, NCP didn't take it into account and appeal was rejected. I have now searched and read that a PCN should be issued with 14 days. Is this correct. It seems my next course of action is to take it to POPA? Thanks for our help

[ostell]

If the driver has been identified then POFA is irrelevant but if not then if there was not a windscreen ticket then the NTK has to be received by day 14

[STJO]

Sorry what is POFA and NTK? I said I was the driver as owner of vehicle but It was someone else picking me up. Not bothered about that. But want to check on the actual time they can serve a PCN in. Thanks

[STJO]

The driver was not identified by them. POFA, Protection of Freedoms Act, not sure on ;this? There was no notice on the car* at the time. And the NTK, notice to keeper is what I received on 1st April.

[ostell]

You have just identified who was driving on here.* Suggest you edit.* So you have told them that you were the driver.* In that case they can run the case against you.

POFA:* Schedule 4 of The Protection of Freedoms Act 2012.* *Allows the transfer of liability for parking from the driver to the keeper if they have complied with the requirements.* If the know the identity of the driver then this is irrelevant.

I didn't say NCP identified the driver, you gave them the identity of the driver.

If they don't have to use POFA then they can issue a Notice to Keeper as late as they like.

Have NCP been told who the driver was?* simple Yes or No

[STJO]

Hi, I said it was me, picking up a family member when it was other way around, because I didn't realise the implications. I have a rail ticket email in my name to prove I couldn't have been the driver. I can't afford £60, let alone £100!*

[STJO]

The driver hadn't been identified and the NTK is the first I've heard of this. To which I responded as I said above. How can they send NTK after 2 months?

[ostell]

OK, so you can show that you were not the driver.* Edit so they don't read who was the driver, it is a public forum.

The correct appeal should have been:

*
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.
*
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

(That's the 6th time I have copied that today!)

Yes you go to POPLA and tell them all the failures of POFA and there can be no keeper liablity.

You also list* all the other POFA fails.* Here's POFA*http://www.legislation.gov.uk/ukpga/...dule/4/enacted

As there was no windscreen ticket then paragraph 9 applies.* What portions of 9 (2) are not there or incorrect?

Is this railway land and subject to byelaws?* If yes then POFA does not apply and therefore there can be no keeper liability, only the driver.

*

[STJO]

Thank you. This is all new to me. I don't know who owns the land for the railway car park. I only want to go through POPLA if I am more thank likely to win as I can't afford to loose. I will use your wording above to draft a letter. Kind regards

[ostell]

So you find out if byelaws apply to this car park !!!**