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minniemouse04
Hi there, i received a NTK for overstaying car park... 'Breach of Terms and Conditions. I made my appeal to ECP, but it came back rejected. At no time have I identified myself as the driver, just myself as the Keeper. I know the driver purchased a ticket valid from 1333 and expired at 1733. ANPR stated that the vehicle entered the car park at 1329 and left at 1808.

So, as the keeper, I am being chased for £60 (discounted) or £100 (full cost for a period of 39 minutes. I submitted an appeal using a template found on a similar website, but surprise, it came back rejected. I have a POPLA code and intend to appeal online. Its just what category is best to use, and what detail I need to put in the box. I won't attach any documents to this post, as I'm sure they are similar;ar to most that have been uploaded already. The research i have done so far has led to confusion, hence asking directly.

Thank you.
ManxRed
Has their paperwork and timeframes met the conditions imposed by Schedule 4 of the Protection of Freedoms Act?

Did the Notice to Keeper arrive within 14 days of the incident?
Did the Notice to Keeper contain all the relevant information stipulated in the Act? Post up a copy, suitably redacted.
Jlc
QUOTE (minniemouse04 @ Mon, 1 Jul 2019 - 14:49) *
full cost for a period of 39 minutes. I submitted an appeal using a template found on a similar website, but surprise, it came back rejected.

On what basis are you surprised they want paying for a significant overstay?
The Rookie
QUOTE (minniemouse04 @ Mon, 1 Jul 2019 - 14:49) *
I submitted an appeal using a template found on a similar website

Lets see the appeal please, there are some shockingly awful templates out there like the Parking Cowboys 'not actually an appeal but a request for information' one.
minniemouse04
QUOTE (The Rookie @ Mon, 1 Jul 2019 - 15:19) *
QUOTE (minniemouse04 @ Mon, 1 Jul 2019 - 14:49) *
I submitted an appeal using a template found on a similar website

Lets see the appeal please, there are some shockingly awful templates out there like the Parking Cowboys 'not actually an appeal but a request for information' one.


Appeal letter attached here. Many thanks.
ManxRed
Oh dear. Unfortunately that template looks very very old, and the legal arguments have moved on a lot since those days.

Can you answer my points in post #2? If they haven't complied with PoFA, then this is a nice solid POPLA appeal which should win.

If they have complied then we need to think of other angles.
minniemouse04
Many thanks manxred. My husband has got the original NTK with him. As soon as he's home, I'll upload it.
minniemouse04
I'm having trouble locating the original NTK at the moment. I do have the rejection letter from ECP uploaded now. Hopefully its redacted enough. If not, please let me know.
minniemouse04
QUOTE (ManxRed @ Mon, 1 Jul 2019 - 14:54) *
Has their paperwork and timeframes met the conditions imposed by Schedule 4 of the Protection of Freedoms Act?

Did the Notice to Keeper arrive within 14 days of the incident?
Did the Notice to Keeper contain all the relevant information stipulated in the Act? Post up a copy, suitably redacted.

The NTK did arrive within 14 days of the incident as I was able to send off my appeal within the 14 days. As for whether it contained all the relevant information, I am struggling to track down the original NTK, so am unable to confirm right now.
minniemouse04
Hi there, despite attempts to find the original NTK, it looks like it has been mislaid. So, I guess proving whether it meets POFA Act will now be difficult. Any other ideas would be greatly appreciated.
ostell
So send a SAR to Euro requesting all they hold about you
nosferatu1001
Indeed, a SARis the obvious route to take.
minniemouse04
I've sent SAR to ECP, so I'll wait and see what comes back from that. I've tried to upload final photo of signage but have ran out of upload space.
ostell
Upload to a picture hosting site, such as imgur ( others are available) and put the link on here.
minniemouse04
Many thanks. I'll do that later on. I now have the original NTK, which should be a major game changer.
minniemouse04
QUOTE (ostell @ Fri, 5 Jul 2019 - 15:08) *
Upload to a picture hosting site, such as imgur ( others are available) and put the link on here.


https://postimg.cc/gallery/33j1bu7fs/

Hopefully this has worked properly. Many thanks for that advice
nosferatu1001
So have you checked it against pofa? That's your first job, as you have to 7nderstand the act
minniemouse04
QUOTE (nosferatu1001 @ Sat, 6 Jul 2019 - 11:52) *
So have you checked it against pofa? That's your first job, as you have to 7nderstand the act

Its part of the reason I'm asking on here as I'm no expert on this.
ostell
So you read POFA and you read the NTK and see what is missing. Paragraph 9 is relevant to you 9 (2) (e) , the invitation to keeper, us not there neither us the period of parking, 9 (2) (a).
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