Hi all,
Glad to hear the community is still strong after losing access to the old site.
I am the appointed go to person in our business when parking charges turn up from the company cars and have just received notice of an alleged non payment.
The car is registered to the business with no name attached, the driver was seen by camera for a stay without payment on 18/4.
The NTK shows the issue date as 07/05 but was only delivered today.
Date of offence and date of issue is outside of 14 days.
Will this be enough on its own to dispute?
If so, is there any suitable response I can send back to them?
Issuer is GroupNexus(CP Plus.
I can upload NTK tomorrow if it helps?
Thanks.
Will this be enough on its own to dispute?
As a minor point of clarity, it's not an offence.
To be clear - the company you're representing is the registered keeper of the vehicle, with the V5C in their possession? If so, then yes, the notice being delivered outside the 14 day period should be sufficient.
I've included below the usual template for companies, assuming the notice doesn't wrongly claim to be able to hold the company liable under PoFA. Although if you could upload the NtK before submitting anything, that'd be preferable, as I personally don't like offering advice on a notice I haven't seen.
Dear Sirs,
We have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. We note from your correspondence that you are not seeking to hold us liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.
As a body corporate, we cannot be the driver. There is no obligation for us to name the driver and we will not be doing so. We are therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.
Yours,
[COMPANY NAME]
Thanks for the swift response!
Yes the company is the registered keeper and holds the V5.
Copy of PCN attached
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Thanks - the appeal I suggested above should be appropriate.
Would I not still need to state that the 14 days had passed?
They know (or should know) it was issued too late for it to be delivered within 14 days, they're the ones who issued it
The location is not relevant land. Another arrow in the quiver.
There is no such address as Wyre Forest DY14 9QX. In fact there is no such post code that ends with 9QX. If the location is "Wyre Forest", then that is land under statutory control of Forestry England.
Cheers b789, useful to know if we need to chuck it in for POPLA.
Thanks. I'll let you know how it goes get on.
And it was forestry land that was visited.
It's DY14 9XQ, which does exist and is adjacent to the A456 Long Bank. However, if it's Wyre car park, that is in a different post code, DY14 9XH. The NtK doesn't appear to specify exactly where the vehicle was allegedly parked.
The location stated in the NtK doesn’t exist. Type what is stated as the location into google maps. If it can’t find it, it is not relevant land. Also, the Royal Mail post code address finder can’t find that address.