Author Topic: UKPC NTK: 3 months past offence!  (Read 778 times)

0 Members and 150 Guests are viewing this topic.

UKPC NTK: 3 months past offence!
« on: »
Hi All,

Hope all well.

Assuming this is an open and shut case as over 14 days since the offence.

Today, 21/10/24, I received a parking charge notice, inviting me, as registered keeper at the time, to pay or notify who was driving..

Parking charge date, as printed on letter and seen on time stamp in 2 still images, 26/07/24

Letter is dated 12/10/24, so that has come late too.

Vehicle was record on our clients private property at Merantun Way, SW19 2RF from 26/07/24 13:17 to 26/07/2024 17:30. The vehicle was present onsite in excess of the amount of time paid for / without making a payment.


This is all pretty sloppy, 3 months since parking offence and 9 days from printed date on letter. Wow.

Can I ignore this given its lateness or appeal with the usual line of POFA 14 days….

Thanks!

Share on Bluesky Share on Facebook


Re: UKPC NTK: 3 months past offence!
« Reply #1 on: »
To help us help you, please read the following thread carefully, and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide

The guide includes advice on using a third party site to add images.

As the notice is so unusually late, I would strongly recommend you look at the physical V5C document for the vehicle, and check the address on the front page, and the document issue date in the bottom left hand corner of the inside page.

Re: UKPC NTK: 3 months past offence!
« Reply #2 on: »
Thanks I will.

The car has been owned by myself for 8 years now. Address on the v5 is the same as the one on the UKPC ntk.

Re: UKPC NTK: 3 months past offence!
« Reply #3 on: »
Address on the v5 is the same as the one on the UKPC ntk.
And the issue date that is listed on the V5C is well before the date of the parking incident (ie you haven't moved house recently)? I'm not labouring this point to be a pain in the arse; I've just seen a lot of cases where an out-of-date V5C has been the source of issues, so it's always worth us ruling it out.

Once we've seen the Notice to Keeper, then assuming all is as expected we'll be able to suggest some template appeals.

Re: UKPC NTK: 3 months past offence!
« Reply #4 on: »
Please show us the Notice to Keeper (NtK). Is this "letter" the original NtK or is it a reminder?

We only need to see the original. Please get out of your mind that any "offence" has been committed. UKPC are only an unregulated private parking company and cannot issue "penalties" or "fines" for "offences" because they are not an authority of any sort. They can only issue Parking Charge Notices (PCN) which are only speculative invoices for an alleged breach of contract by the driver.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UKPC NTK: 3 months past offence!
« Reply #5 on: »
« Last Edit: October 22, 2024, 11:28:05 am by bosher »

Re: UKPC NTK: 3 months past offence!
« Reply #6 on: »
Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
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. UKPC 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. UKPC have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Agree Agree x 1 View List

Re: UKPC NTK: 3 months past offence!
« Reply #7 on: »
The above should do the trick. If it doesn't, POPLA should uphold an appeal.

Unusual for UKPC to send a notice so late.

Re: UKPC NTK: 3 months past offence!
« Reply #8 on: »
Thank you guys.

I find it hard to believe that a greedy parking company has taken so long to issue a demand for cash. How has it taken them so long?!

The letter itself was even late from printed date.

I’ll submit above and update with result.

Thanks!

Re: UKPC NTK: 3 months past offence!
« Reply #9 on: »
They can issue a NtK up to 7 months after the event.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain