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Received NTK...
Johnsmith12
post Sun, 30 Sep 2018 - 20:22
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...30 days after alleged parking violation occurred in private car park.

This car park didn’t issue the driver with a windscreen ticket, nor is it pay and diaplay. They have used a warden whom has taken photos of said car and I have recieved the NTK 30 days after.

Am I correct in thinking this should of been with the driver no later than 14 days and in that case I have grounds for dissmissal?

I am also fully aware the notice hasn’t complied with the freedom of information act as it hasn’t issued a length of stay and the postcode for the alleged offence is incorrect.

Any help would be greatly appreciated.

** the registered keeper also recieved nothing on the windscreen nor nothing handed to them by said warden.**

This post has been edited by Johnsmith12: Sun, 30 Sep 2018 - 22:00
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post Sun, 30 Sep 2018 - 20:22
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Johnsmith12
post Mon, 8 Oct 2018 - 11:22
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The site name is incorrect if only minor.

But the postcode takes you to one mile away according to google maps.

Both the land management and owners of the land have the correct name and postcode displayed on their websites and this is completely different to that revived on the NTK.
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Johnsmith12
post Tue, 9 Oct 2018 - 09:59
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I would rewlly like to see the deeds to the land and the contract that states Euro’s ability and confirmation to operate the.

I am having trouble finding this information?

Anyone have any recommendations?
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nosferatu1001
post Tue, 9 Oct 2018 - 10:31
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Wlel land registry will show who owns the land. To get the title you will need to pay them. Form OC2
To see the contract? You iwll have to *ask* Euro or the landowner. They will refuse, but you ask for it in a POPLA appela and if they fail to show it, they lose.
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Johnsmith12
post Tue, 9 Oct 2018 - 10:39
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Another spanner in the works is an sar I requested has come back with photos of said vehicle, but again no evidence of the driver.

Enforcer notes no ticket was issued due to not having a printer but dvla notes that info was requested 30 days later.

Is there regulation to say it should of been no later than 14 days if no ticket was issued?

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ManxRed
post Tue, 9 Oct 2018 - 10:53
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QUOTE (Johnsmith12 @ Tue, 9 Oct 2018 - 11:39) *
Is there regulation to say it should of been no later than 14 days if no ticket was issued?


In relation to assigning liability from the driver to the keeper, then yes, Schedule 4 of the Protection of Freedoms Act 2012:

http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

Specifically 6 (1) (b) which directs you to paragraph 9, under which sections (4) (b) and (5) state the NTK must be delivered within 14 days.

This post has been edited by ManxRed: Tue, 9 Oct 2018 - 10:56


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Johnsmith12
post Tue, 9 Oct 2018 - 11:05
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I mean from a data protection and a reasonable cause view point.

Data has been requested from the dvla later than 14 days and therefore it wasn’t requested for the correct purpose.
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nosferatu1001
post Tue, 9 Oct 2018 - 11:10
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No, youre barking up the wrong tree. they do not use CONSENT to get your data but reasonable cause. Nothing in reaosnable cause requires 14 days. Stop with this line of thought, it will go nowehere.

Bear in mind POFA has only been in place since 2012, so guess what - before this PPCs could ask for data, and there was no 14 days in ANY legislaiton relevant to them then either.
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ManxRed
post Tue, 9 Oct 2018 - 12:01
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QUOTE (Johnsmith12 @ Tue, 9 Oct 2018 - 12:05) *
I mean from a data protection and a reasonable cause view point.


No, they'll just say they requested it so they could write to the keeper to ask who was driving. The DVLA and ICO won't care about whether that actually happened or not.


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Johnsmith12
post Thu, 11 Oct 2018 - 20:52
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Win
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nosferatu1001
post Fri, 12 Oct 2018 - 07:30
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POPLA win? If so can you send the decision?
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Johnsmith12
post Fri, 12 Oct 2018 - 11:36
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No, Euro aren’t popla.

Cancelled direct.
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cabbyman
post Fri, 12 Oct 2018 - 18:32
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Could you post a redacted copy of their cancellation. I would be interested to see their wording.

However, well done!


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Johnsmith12
post Fri, 12 Oct 2018 - 19:05
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Will do once it officially arrives.
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