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Help me with my NTK appeal please, Threads merged
SchenJen
post Sun, 18 Mar 2018 - 18:30
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Hello all.

On the 9th I received what I believe to be an NTK for overstaying the allotted time in a private car park.

A redacted copy of the NTK has been uploaded to this post.

The driver did not receive a windscreen ticket.

The Google Streetview link for the entrance to the car park is here: https://www.google.co.uk/maps/@51.5619303,-...3312!8i6656

Pictures of the car park notices have also been uploaded to this post.

I believe this company do not deal with Popla so as far as I can tell from reading posts on here, I should make my appeal directly to the parking company and ignore all future correspondence if and when I receive a county court claim. Please correct me if I am wrong.

This is my draft appeal::

I challenge this PCN as the keeper of the car on these main grounds:
-. A compliant Notice to Keeper was never served - no Keeper Liability can apply.
I'm not sure if this NTK is compliant

-. The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge.

-. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice.

-. The signs in this car park are not prominent, clear or legible from all parking spaces or at the entrance.
The sign at the entrance cannot fully be read by a driver driving in, does this still apply despite there being notices at the entrance?

-. The sum does not represent a genuine pre-estimate of loss
I think this no longer applies after Beavis.

Very grateful for all assistance.

Thanks!
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post Sun, 18 Mar 2018 - 18:30
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SchenJen
post Mon, 6 Apr 2020 - 22:37
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QUOTE (nosferatu1001 @ Mon, 3 Feb 2020 - 08:11) *
Does that letter state your deadline to get documents filed with the court and with the claimant? Often its on the back.

Hi.

I hope you are all safe and well.

I've been really busy with a lot of personal things so apologies for the delay.

The court date is mid May (and the deadline is two weeks before this) so I am preparing my witness statement, will post here for feedback soon.

Thanks.

This post has been edited by SchenJen: Mon, 6 Apr 2020 - 22:38
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