PCN TO KEEPER

[Bantambec]

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 21st Feb 2019

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 8th March 2019

3 Date received 10th March2019

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No

5 Is there any photographic evidence of the event? Yes, ANPR photographs
6 Have you appealed? [Y/N?] post up your appeal] Yes

Have you had a response? [Y/N?] Yes

7 Who is the parking company? NCP

8. Where exactly Church Street, Kings Lynn

 

I have written an appeal and they have responded with 

"We have received an appeal in relation to the above notice, due to GDPR rules we are unable to deal with this appeal, as DVLA has provided details that indicates you are the registered keep of this vehicle and as such any correspondence relating to this vehicle will only be acknowledged if this is received from yourself.

We have placed this notice on hold for 14d to avoid escalation"

 

 

 

 

PCN appeal.docx

Edited April 9, 2019 by Bantambec

[Bantambec]

Im not sure where to go from here. Do I write to DVLA and ask them who has asked for the info? How do I respond further? They have said they dont now who the registered keeper is.

Edited April 9, 2019 by Bantambec

[Mrs O'Frog]

No, check your V5. Exactly who is named as registered keeper?

 

It sounds like it may be "Mr or Mrs Bantambec, Joe Bloggs Ltd ...." rather than just "Joe Bloggs Ltd....". If there is a person named as RK, they will not discuss with the corporate entity. What they are actually saying is that the appeal they have received is not from the RK.

[ericsbrother]

 

Next time you get a charge like this please come here first as the NTK was sent out at the wrong time so there was no liability created by it in the first place and your appeal has now created a legitimacy to their demand that didnt exist before.

tell us about the event, what the supposed breach that allows them to claim anything is and a bit about the driver and keeper of the vehicle.

If it is a complany vehicle there is NO COMPANY  LIABILITY WHATSOEVER under the POFA, it is about individually negotiated contracts and you cannot name the person driving without a court order.

So, dont be tempted to try and sort this out in a hurry , let them do their worst because they have no cause for action against a company. Give us as much info as you can, generally the sigange and blurb on the payment machine is what makes or breaks any supposed obligations so if it is local to you perhaps you would consider posting up images of the signs etc when you can.

they will undoubtedly come back with some guff like you owe the money becuase we have thought about it and say you do but this isnt true. I can dig up some relevant persuasive and compelling cases for you to look at.

the other alternative to Mrs O'frog's thinking is perhaps they are saying that as you are a Ltd co you must name the driver so they can circumvent the law if you are unwise enough to fall for this. dont.

[Bantambec]

I am the private registered keeper. My brother n law wrote this from his own template. I am not part of his company. 

I overstayed in this car park by 20mins as a show ran over. The rest of the car park was empty. They stated in their pcn they did not know who the keeper was.

[ericsbrother]

advise then is to ignore them and the ignore them some more. get the images requested and post them up along with the NTK as soon as reasonabkly possible. NCP signs can be rubbish as they are often confusing and contradictory so have a good scout around th car aprk for different signs etc. If you find a sign hidden behind somehting then get pictures of it partially obscured/ hidden as well as the visible contents. If theyre are old redundant signs about anything (even circus in towm flyer from 1989) then photo that as well. You will wnat to show that there is so much clutter the average punter cant see the signs at a glance from a moving car and no-one is expeted to go hunting  all over the place looking for somehting that may not be there