Author Topic: NTK For parking in a carpark without a valid permit  (Read 985 times)

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NTK For parking in a carpark without a valid permit
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Hi all,  received this yesterday from ipserv is there any way out of this? Are there any flaws in it. Many thanks.
Copy of NTK attached.
https://drive.google.com/drive/folders/1mnVrWfQihydcw8AvbMR6KJcaT_mPlVcu

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Re: NTK For parking in a carpark without a valid permit
« Reply #1 on: »
Unless I`m missing something, I cannot see a full address of the location simply "The University Car Park" could be anywhere.  That is not sufficient.
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Re: NTK For parking in a carpark without a valid permit
« Reply #2 on: »
Ha, that is a remarkably vague location  ;D If they want to hold the registered keeper liable, using the provisions of Schedule 4 of the Protection of Freedoms Act, they must 'specify' the relevant land on which the vehicle was parked. As Dave notes, 'The University' doesn't achieve that.

Personally, I would be minded to submit a simple appeal along the lines of the below. I would probably leave out the specifics of the location and save that for a POPLA appeal if Ipserv reject. My reasoning here (which others are free to disagree with) is that this reduces the chances of them providing the full location in their rejection letter and subsequently trying to tell the POPLA assessors that they have specified the relevant land (this still wouldn't do, but they might be able to convince a particularly dozy assessor).

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge.  You have failed to issue a Notice to Keeper that is fully in accordance with Schedule 4 of the Protection of Freedoms Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am 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,


If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.

Re: NTK For parking in a carpark without a valid permit
« Reply #3 on: »
Thanks for the replies.I did think it was very vague. I've since I've been on good old google and I've found out that the carpark is called the "university carpark" don't think it makes any difference as it doesn't say where it is, but thought i would share with you.

Re: NTK For parking in a carpark without a valid permit
« Reply #4 on: »
Also just to mention what is the likely outcome of this appeal? Is there going to be lots of work involved in sorting this out? I'm only saying as I'm going away with work for about 2 month in 2 weeks time and won't have much spare time. So if there is going to be lots to do it maybe easier just to pay the discounted amount.

Re: NTK For parking in a carpark without a valid permit
« Reply #5 on: »
Hi all just a quick question. I went onto the portal to appeal this, and on there it does say the postal address of the of the carpark. Does this matter? Thanks

Re: NTK For parking in a carpark without a valid permit
« Reply #6 on: »
Unless I'm missing something, there doesn't appear to be the required 'Invitation for the keeper to pay the charge'?
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Re: NTK For parking in a carpark without a valid permit
« Reply #7 on: »
Hi all just a quick question. I went onto the portal to appeal this, and on there it does say the postal address of the of the carpark. Does this matter? Thanks


Information shown online is irrelevant - the law says that 'the notice must state location' etc
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Re: NTK For parking in a carpark without a valid permit
« Reply #8 on: »
Also just to mention what is the likely outcome of this appeal? Is there going to be lots of work involved in sorting this out? I'm only saying as I'm going away with work for about 2 month in 2 weeks time and won't have much spare time. So if there is going to be lots to do it maybe easier just to pay the discounted amount.

Good chance that they will reject it, as they do most appeals.  You can then appeal to POPLA, where a detailed appeal should have a good chance here.  If not, then you will have to weather the storm of debt collection letters, and probably an eventual small claims court claim, which should be defendable - even if they manage to use someone competent to raise the claim, you can defend on no keeper liability due to POFA deficiencies.
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Re: NTK For parking in a carpark without a valid permit
« Reply #9 on: »
If you are going to be away from your usual home for 2 months, do you still have some means by which you can receive and respond to post?

Re: NTK For parking in a carpark without a valid permit
« Reply #10 on: »
Yes most definitely, there will be someone that will be able to open all my mail. I will be able to respond to emails and post any updates on here. Its Just I will have alot less free time.

Re: NTK For parking in a carpark without a valid permit
« Reply #11 on: »
Hi all just a quick update. So this thread can be closed.  The driver has decided to pay the charge. Thanks for all your help in this matter.