3. National Parking Control - NTK
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jeezy

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National Parking Control - NTK
« on: April 02, 2024, 08:40:51 am »

The following was received at the Keeper address, is there a time limit to when it should be received from date of alledged incident?

Is the keeper required to inform of the driver?

https://ibb.co/mqtR2YC
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DWMB2

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Re: National Parking Control - NTK
« Reply #1 on: April 02, 2024, 09:00:37 am »
They claim that a Notice to Driver was affixed to the car windscreen, was it? In those circumstances, if they want to hold the keeper liable, as per Schedule 4 of the Protection of Freedoms Act 2012, the relevant period 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."

To help us help you, please read the following thread and provide as much of the information mentioned in there as you can: READ THIS FIRST - Private Parking Charges Forum guide.
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b789

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Re: National Parking Control - NTK
« Reply #2 on: April 02, 2024, 02:32:16 pm »
Where is the evidence that they affixed an NtD to the windscreen? If there is no evidence of an NtD and you do not have it, then they are on thin ground for trying to hold the keeper liable for the charge.

Normally, if they are photographing the car, it should be done with the NtD in view. Have you checked their website to see if there are other photos?
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jeezy

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Re: National Parking Control - NTK
« Reply #3 on: April 05, 2024, 08:56:49 pm »
Quote from: b789 on April 02, 2024, 02:32:16 pm
Where is the evidence that they affixed an NtD to the windscreen? If there is no evidence of an NtD and you do not have it, then they are on thin ground for trying to hold the keeper liable for the charge.

Normally, if they are photographing the car, it should be done with the NtD in view. Have you checked their website to see if there are other photos?

Hi i checked the site and there is one picture showing the NTD on the windscreen

This is the image of the sign

https://ibb.co/fYJ24pd
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Fluffykins

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Re: National Parking Control - NTK
« Reply #4 on: April 06, 2024, 05:21:50 pm »
The notice says very clearly that the Keeper will be held liable. That's all. There's no mention of any liability on the part of the keeper.
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b789

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Re: National Parking Control - NTK
« Reply #5 on: April 06, 2024, 05:48:41 pm »
Quote from: Fluffykins on April 06, 2024, 05:21:50 pm
The notice says very clearly that the Keeper will be held liable. That's all. There's no mention of any liability on the part of the keeper.

I'm not sure what you mean by that. The driver is always liable. However, the keeper can be held liable as long as the operator strictly complies with the requirements of PoFA.

In this case, the PoFA requirements appear to have been followed and so, the keeper can be held liable whether they were the driver or not.
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jeezy

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Re: National Parking Control - NTK
« Reply #6 on: April 08, 2024, 08:50:44 pm »
Would there be any grounds for appeal based on the signage and information disclosed?
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b789

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Re: National Parking Control - NTK
« Reply #7 on: April 08, 2024, 09:12:35 pm »
Of course there would. Signage, landowner contract.
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jeezy

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Re: National Parking Control - NTK
« Reply #8 on: April 11, 2024, 03:25:48 pm »
Quote from: b789 on April 08, 2024, 09:12:35 pm
Of course there would. Signage, landowner contract.

Do you mean the signage posted is not clear?
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b789

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Re: National Parking Control - NTK
« Reply #9 on: April 11, 2024, 03:29:31 pm »
The signage has to be not only prominent but the information on the signs has to be clear, unambiguous, legible and so on. If you can, go back and take your own photos of the signs as they would be visible from a car and where you parked. Preferably in the same lighting conditions as they were on the day of the alleged breach.
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