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CEL NTK - >14 days?
TrainDriver
post Fri, 11 Jan 2019 - 14:38
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Hi all, thanks in advance for any advice and apologies if any questions seem obvious or daft.

The RK of the vehicle in question received a NTK today (11 Jan 2019.) The NTK was issued on the 7th Jan, and the "offence" was on the 21st December. Am I correct in thinking that they have not issued the NTK within the correct 14 days? I presume it is 14 calendar days and the Christmas period won't affect it (public holidays etc.) I make it 17 days between offence and issue of NTK, although it was 21 days before I received it.

So my next question is then does that mean it's harder for them to pursue me as the RK, and may only really pursue the driver, who I won't be identifying? And as such should that form the basis of my appeal to CEL and then POPLA if they turn me down, as I expect they will? Or have I misunderstood the 14 day POFA rule.

Many thanks for your help







This post has been edited by TrainDriver: Fri, 11 Jan 2019 - 14:50
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post Fri, 11 Jan 2019 - 14:38
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ostell
post Fri, 11 Jan 2019 - 15:19
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As long as there was no windscreen ticket, whcih I assume there was not, then

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc
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TrainDriver
post Fri, 11 Jan 2019 - 16:03
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Hi Ostell, thanks very much for that. You were right in your assumption, no windscreen ticket (was ANPR), sorry I should have mentioned that. I'll send that off and see what happens. Thanks again.
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TrainDriver
post Thu, 24 Jan 2019 - 23:03
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Well after sending Ostell's recommended response I was genuinely surprised to find a letter from CEL today saying

....."The notice has been cancelled and your details have been removed from our records as requested."

I was expecting to have to go to POPLA at least but maybe they realised they would have just wasted their £30 fee as a Pepipoo appeal was likely. Can I just say a big thanks both to those who run this forum and to those who contribute their time and knowledge, particularly of course Ostell.

This post has been edited by TrainDriver: Thu, 24 Jan 2019 - 23:05
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nosferatu1001
post Fri, 25 Jan 2019 - 09:55
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CEL actually discontuine when tehy knwo there is a fight
It is very sensible of them
Enough people pay up without question that the £30 fee to POPLA AND the time taken to submit a case isnt worthwhile to them
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