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NTK SIP Car Parking
needle
post Fri, 25 May 2018 - 00:25
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Hi all, would appreciate advice on current thinking with the below.

Notice to keeper was received today by keeper, alleging a PCN had been affixed to the window of car in mid April. it appears the driver usually pays via an app, but after repeated tries they were unable to, and had to go and do what they'd come to do. The driver isn't really sure of what happened - they do have some short term memory issues. It appears they saw ticket but thought it would go away.

on the rear of the ntk it says the time for appeals (21 days) has now lapsed and £100 is now due. both driver and keeper are on low income with no moey to pay this.


what's the current thinking on ignoring or replying?

thanks,

This post has been edited by needle: Fri, 25 May 2018 - 00:30
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post Fri, 25 May 2018 - 00:25
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nosferatu1001
post Fri, 25 May 2018 - 07:17
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So there was a PCN attached to the car? Yes or No

When exactly was this?
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needle
post Sun, 27 May 2018 - 19:24
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The driver now says there as a ticket on the windscreen yes.


This was on 18th April, NTK sent on 22nd May, received 25th May

This post has been edited by needle: Sun, 27 May 2018 - 19:26
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nosferatu1001
post Mon, 28 May 2018 - 21:22
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Meaning they met pofa timescales.

Do they state the keeper is liable due to pofa? Simple yes or no.
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SchoolRunMum
post Mon, 28 May 2018 - 23:08
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I'd say SIP probably have met the required wording for keeper liability.

Either ignore or send a template appeal from the keeper, saying the app failed that day, which was only realised after trying 3 times and checking their phone later, so the system failed, not the driver.

Something very bland like that, then ignore them until they try a small claim, then come back later if they try, in good time to defend.

Can the keeper cope with demanding letters?
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needle
post Sat, 9 Jun 2018 - 22:24
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QUOTE (nosferatu1001 @ Mon, 28 May 2018 - 21:22) *
Meaning they met pofa timescales.

Do they state the keeper is liable due to pofa? Simple yes or no.



There is no mention of pofa anywhere on the letter.



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SchoolRunMum
post Sat, 9 Jun 2018 - 22:57
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Doesn't have to be. Already said, it;s about wording FROM the POFA, not actually mentioning the Act:

QUOTE
I'd say SIP probably have met the required wording for keeper liability.


Not seen one recently from SIP that wasn't worded properly - and that's for you to check, against Schedule 4 (easy - not for us to do for people).
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needle
post Sat, 16 Jun 2018 - 15:18
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They refused any chance of appeal as it wasn’t sent within 21 days of the pcn. They also refused any independent appeal

They can probably cope with demanding letters to a certain extent but neither would be capable of attending court, that would have to be a third party.


It does seem as if they’ve used the correct wording.


The real concern I have is that as far as I know, if this goes to court and sip win, they are under no obligation to accept a payment plan and can send bailiffs to the keepers house to retrieve goods to the value they are awarded.



Also just to add, the driver does have 3 years worth of email receipts from the app for this exact car park.
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The Rookie
post Sun, 17 Jun 2018 - 07:03
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No obligation to accept a payment plan, but have to accept a payment in full in the specified time.


--------------------
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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Sheffield Dave
post Sun, 17 Jun 2018 - 09:23
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QUOTE (needle @ Sat, 16 Jun 2018 - 16:18) *
but neither would be capable of attending court, that would have to be a third party.

The defendant can be represented by a lay person but in that case they have to attend in person. If defendant doesn't attend court, they have to be represented by a solicitor, the cost of which you can't reclaim.
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ostell
post Sun, 17 Jun 2018 - 13:04
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QUOTE (needle @ Sat, 16 Jun 2018 - 16:18) *
The real concern I have is that as far as I know, if this goes to court and sip win, they are under no obligation to accept a payment plan and can send bailiffs to the keepers house to retrieve goods to the value they are awarded.


What sort of costs are expected from court?
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