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NCP ...Why so serious
cdv85
post Sun, 13 Oct 2019 - 10:12
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I've received a PCN from NPC

The date of incident is 6th July 2019 and the date of them sending me a NTK is October 7th.....

Always ignored anything in the past but I understand this is no longer an option, what's my best plan?

Any advice is much appreciated

This post has been edited by cdv85: Sun, 13 Oct 2019 - 23:13
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post Sun, 13 Oct 2019 - 10:12
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Jlc
post Mon, 14 Oct 2019 - 19:22
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It's a PARKING charge notice, not a penalty notice.

POPLA will be available if they reject.

Just send the appeal in post #6.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Umkomaas
post Mon, 14 Oct 2019 - 19:26
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Two points:

1. No keeper liability - failed to meet PoFA date requirements

2. Fails to meet the BPA Code of Practice - £50 is not a (minimum of) 40% discount on £75

https://www.britishparking.co.uk/write/BPA_...ICE_CURRENT.pdf

QUOTE
19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer
a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost must be by at least 40% of the full charge.


Both winnable appeal points at POPLA.
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Jlc
post Mon, 14 Oct 2019 - 19:29
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QUOTE (Umkomaas @ Mon, 14 Oct 2019 - 20:26) *
2. Fails to meet the BPA Code of Practice - £50 is not a (minimum of) 40% discount on £75

Good spot!!! Should be £45 at most... But £0 is much better laugh.gif

That might cost them a few quid to fix the signs (here) - expect sticky overlay...

This post has been edited by Jlc: Mon, 14 Oct 2019 - 19:30


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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cdv85
post Thu, 17 Oct 2019 - 01:13
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I passed the pcn to the company I work for and they have said they will deal with it, but they have appealed on the basis im a taxi driver which is admitting being the driver.

Even with that I could still win the popla appeal with the two points made above?
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The Rookie
post Thu, 17 Oct 2019 - 05:49
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If they know the driver then PoFA is an irrelevance, shame you didn't follow the advice which was given fro a very good reason. How is being a Taxi driver at all relevant? Are there special dispensations for taxi drivers in the contract?

That said the date issue can probably now be explained as I doubt you're the registered keeper.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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cdv85
post Thu, 17 Oct 2019 - 09:40
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QUOTE (The Rookie @ Thu, 17 Oct 2019 - 06:49) *
If they know the driver then PoFA is an irrelevance, shame you didn't follow the advice which was given fro a very good reason. How is being a Taxi driver at all relevant? Are there special dispensations for taxi drivers in the contract?

That said the date issue can probably now be explained as I doubt you're the registered keeper.


There were a few drivers that also received pcns so they said leave it with them.

When they reject the appeal should I still use post 6 in my popla appeal
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nosferatu1001
post Fri, 18 Oct 2019 - 18:07
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No,you've already been told you lose any POFA argument once you admit to being the driver.

You were told the best way to sort it, have to hope you haven't shot your foot completely off.
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