Harsh NCP Ticket...

[Goosey2001]

Hi, thanks for the response but it's too late...I've sent a letter written as the registered keeper stating that they have not issued the notice in accordance with POFA (gave them the dates and number of days, 61 days) and that on that basis I was not liable for any charges and i was not obliged to give them the details of the driver. I read the words on a site called parking cowboys and used some wording form there.... we will see, but to my mind now I'm pretty sure I'm ok as they haven't acted in accordance with POFA.

[ericsbrother]

Good, i hope that is the end of the matter but dont be surprised if they still send you begging letters. If they do send a denial of any debt and tell them that they are causing you harassment and to desist.

[Goosey2001]

thanks ericsbrother.... they have sent me another letter in response to my letter, basically stating that under the POFA I am liable for the charge and that they wont write to me on the matter again. I have read the POFA and I couldn't spot the timing stipulation regarding the validity of the NTK (i.e. later than 56 days). I will respond to the letter maintaining my stance and state that any further correspondence from them or anyone else on the matter, and i will look to start proceedings re harassment. i have also emailed POPLA to ask them directly regarding the timing.....

[f16]

BPA code of practice. Section B9.3 B9.4

[Goosey2001]

thanks f16, reading the below it looks like no more than 6 months?

 

B9.3 You must post the parking ticket to the keeper as soon

as possible. Your target is to send the parking ticket to

the keeper of the vehicle no more than 14 days after

receiving the keeper data from DVLA, and no more

than 35 days after the unauthorised parking event. The

maximum permitted time you have to notify the keeper

is no more than 28 days after receiving the keeper data

from DVLA and no more than six months after the

unauthorised parking event.

B9.3.1 Your letter to the keeper should point out the details of

the unauthorised parking event and ask for payment.

B9.4 It is the driver’s obligation to pay the parking ticket. If

you receive information from the keeper which identifies

the driver, and the driver is someone else, you have an

18

extra 21 days after receiving the information to serve the

parking ticket by post on the driver.

 

sorry if this i am frustrating anyone on this, but it's not 100% clear to my mind......

[Goosey2001]

the only reference i can find to a 56 day period is a response to a respresentation

[f16]

Try POFA 2012 Section 8.2f and section 4.4

 

I think that is right

[armadillo71]

Well it's certainly lost me this thread...

[Goosey2001]

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

 

this is it i think?

[f16]

Goosey2001, BPA Post#30.... 35 days + 21 days

[f16]

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

 

this is it i think?

 

Goosey2001, (5) Correct

[ericsbrother]

NCP will probably continue to write to you in the hope that you will cave in to their threats.

 

 

Dont waste your time arguing with them, they are wrong.

 

 

As for what the BPA have written, that is not the law, the PoFA is and the timings are clear.

 

 

The parking co can continue to pursue the driver for as long as they want as long as they can prove who that is but they cannot chase the keeper of the vehicle.

 

 

Personally i wouldnt take them to court but if I received a claim from them I would hit them with a counterclaim for harassment

so they couldnt just slik off under a stone and forget about it when they are stood up to.

[Goosey2001]

All, been meaning to come on here for months to say thanks for your help.

 

 

I wrote a final letter to them, clearly spelling out the timing and clauses within the act,

finishing with a threat to take them to court for harassment should i receive any further correspondence from them.

 

 

Needless to say, I didn't hear anything further from them!

 

Thanks for your help.