Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: sparxy on September 13, 2025, 01:34:41 pm
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Hi all,
NCP cancelled the NTK on appeal.
I will get a complaint into BPA and DVLA in due course.
Cheers all
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You MUST send a Data Rectification Notice (DRN) IMMEDIATELY to NCPs Data Protection Officer (DPO). Your DRN must require NCP to update their records with your current address for service and erase any other addresses they hold for you. The highlighted words are there for a reason so use them!
The appeal must ONLY be as the Keeper. There is no legal obligation on the Keeper to identify the driver.
As has been pointed out, the Notice to Keeper (NtK) has not been given within the relevant period and therefore they cannot rely on PoFA to transfer liability from the unknown driver to the known Keeper. Nothing else, including any frustration of contract matters.
NCP are usually prepared to throw the towel in at initial appeal stage as long as they are aware that you know your rights. If they don't, this is a simple single point POPLA appeal later.
For now, I advise you to just use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. NCP has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
You will also note that they have unlawfully stated on the NtK that they have the right to recover any charge from the Keeper. Clearly, if they have not complied with PoFA, that is a lie. You can make a formal complaint to the DVLA and the BPA that they have breached §8.1.1(d) of the PPSCoP.
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Hi RichardW,
Yes, all details correct. I've recently moved but picked this up with my post, V5 is due to be changed asap (though I can still receive post at the old address, it will just have a 1-2 week delay).
Draft appeal, I don't think the payment issue the driver incurred is important at this stage, so just sticking to the PoFA fallacies.
I note that they never actually state they are relying upon PoFA 2012, and I wonder if this is so that they do not fall foul of the PPSSCoP 8.1.1 (d)? The wording of the NtK suggests that they actually are relying on PoFA for keeper liability.
I am appealing this parking charge as the keeper of vehicle *reg*.
The Notice to Keeper is non compliant with the requirements of the Protection of Freedoms Act 2012 Schedule 4 Paragraph 9, including, but not limited to, being served outside of the relevant period contrary to paragraph 9 (4). The presumed delivery date would be the 27th August 2025, 19 days after the day following the end of the parking period, exceeding the 14 days permitted for the relevant period stipulated by paragraph 9 (5).
There is no obligation for me to provide you with the identity of the driver, and I will not be doing so.
I await your confirmation that this appeal is upheld, the parking charge is cancelled, and that you will cease processing and destroy any of my personal information held by you.
If this appeal is not upheld, please ensure that any further postal correspondence to keeper is sent to the following address as I have recently moved.
XX
XXX
XXXX
XXXXX
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Assuming you are the reg keeper and the address is correct, then you are right that NTK is not compliant for liability transfer. You can appeal as keeper on this basis - they will probably reject ( and fish for the driver's ID) but should give a POPLA code which has a reasonable chance of success if well detailed.
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Hi all,
It's been a while since I've had a NTK drop on my doormat, so confirmation of my understanding and some guidance is appreciated. It arrived a few days ago, whilst we have had post issues in the past, I'm not sure why this is so late.
The driver parked up in the car park and attempted to pay, whilst stood in the car park for some 10+ minutes before leaving and parking on nearby on-street parking as the app was not working and they could not pay for parking. There were multiple errors displayed in adding card details, loading screens that just spun, even with good signal. There are screenshots of this as the driver pre-empted trouble.
Parking event: 8/8/25
NTK sent: 22/8/25 (14 days from day after event)
NTK service deemed: 27/8/25 (19 days from day after event)
I understand that the NTK may be deficient in complying with POFA Sch 4 9(2b), and the bombshell 9(5) & 9(6) as served late (sent on the 22nd being the 14th day, which was a Friday of a BH weekend, so two working days later is Wednesday 27th).
My initial plan is to appeal to them as keeper on the following couple of points:
- NTK non-compliant with PoFA Sch 4 for reasons not limited to being received out of time
- The driver continuously attempted payment, and was unsuccessful, due to reasons outside their control due to the app failing.
There might be other deficiencies but this couldn't have come at a more inopportune time, so whilst trying not to rush this, I'm a bit short on time!
Cheers,
sparxy
https://imgur.com/a/GtRNXah
I've redacted the bare minimum, there are no data blocks or text under the black boxes on the photographs and if there is a data block along the top of the picture, it is unreadable on the NTK.
Car park: Little Berrington St, Hereford (https://www.google.co.uk/maps/place/NCP+Hereford+Berrington+Street/@52.055005,-2.7189309,21z/data=!4m14!1m7!3m6!1s0x48704a388b008739:0xc3968875ad6b015a!2sNCP+Hereford+Little+Berrington+Street!8m2!3d52.0549998!4d-2.7187842!16s%2Fg%2F11sb4v2cd5!3m5!1s0x48704a38918c9e55:0xcf71b425196aea3f!8m2!3d52.0551291!4d-2.7189201!16s%2Fg%2F11byx89n5n)