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#Post#: 117031--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: Jimbob1976
Date: April 26, 2026, 3:20 am
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--- Quote from: Jimbob1976 link ---
>
> Hi All
>
> Would anyone with better knowledge than i please advise on the
above, just wanted to get the appeal in but want to make the
appeal as assertive as i possible can.
>
> Thanks in advance and sorry for any inconvenience caused.
>
--- End Quote ---
Hate to bump this but it's been a few days and if possible I'd
love some feedback on the above and how I can put my case
forward with more assertion if needed
#Post#: 117175--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: Jimbob1976
Date: April 28, 2026, 1:16 am
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Ok, as this is my last post before attempting Popla myself, I
used AI to draft this appeal, would really appreciate people's
comments on this:
Dear POPLA Assessor,
I am the registered keeper of the vehicle referred to above and
I wish to appeal the Parking Charge Notice issued by Total Car
Parks on the following grounds. I ask that you consider all
grounds.
1. The Notice to Keeper is not compliant with the requirements
of Schedule 4 of the Protection of Freedoms Act 2012. Therefore,
the operator cannot transfer liability to the registered keeper.
The operator has attempted to rely on keeper liability under
POFA 2012 but has failed to comply with the strict mandatory
requirements of Schedule 4.
Specifically, the Notice to Keeper incorrectly states that the
keeper has 30 days in which to pay or appeal/name the driver.
Paragraph 9(2)(f) of Schedule 4 requires the NTK to warn the
keeper that, if the parking charge is not paid in full and the
name and current address of the driver are not provided, the
creditor will have the right to recover the unpaid parking
charge from the keeper after the period of 28 days beginning
with the day after that on which the notice is given.
This is a material error. The wording and timing on the NTK do
not match the statutory requirement. As a result, the conditions
for keeper liability under paragraph 6(1)(b) of Schedule 4 have
not been met. The operator therefore has no legal basis to
pursue me as the registered keeper.
2. No admission as to who was driving
I am appealing as the registered keeper. I have not been
identified as the driver at the time of the alleged parking
event, nor have I admitted to being the driver. The operator has
provided no evidence that I was the driver. Without a compliant
NTK under POFA, they cannot pursue the keeper.
I respectfully request that POPLA uphold this appeal and cancel
the Parking Charge Notice in full.
Regards
What do you think?
#Post#: 117176--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: DWMB2
Date: April 28, 2026, 1:23 am
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This is a decent outline - I'd be half tempted to set out both
sets of wording side by side, the correct one, then what your
notice says, to show the clear difference not only in wording
but in meaning.
I think that's worth making clear - with some wording issues,
the operator may claim that they have used different wording to
convey the same meaning, but here that is not the case.
#Post#: 117179--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: Jimbob1976
Date: April 28, 2026, 1:46 am
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Thanks do you know if there is an option to add documents/clips
from the actual notice and "add" then on to the Popla website?
Or would I just state the actual wording on the defence
(assuming Popla would have all the paperwork from Total as part
of the process?).
Regards
#Post#: 117183--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: DWMB2
Date: April 28, 2026, 2:08 am
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You can add attachments. If you're doing this, refer to them in
your appeal text by name, and make sure the file names you
upload match that.
No need to upload their evidence for them though, the company
will upload their own notice.
#Post#: 117186--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: Jimbob1976
Date: April 28, 2026, 3:05 am
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Sorry I guess I am appealing under
"I was not the driver or the registered keeper of the vehicle at
the time of the alleged improper parking"?
I guess it's that or other....
#Post#: 117187--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: jfollows
Date: April 28, 2026, 3:09 am
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In Reply #21 you say
--- Quote ---
> I am the registered keeper
--- End Quote ---
so why would you now say you’re not?
#Post#: 117188--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: Jimbob1976
Date: April 28, 2026, 3:18 am
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I'm talking about on the actual POPLA website, I've never used
it before so I just wanted clarification that I was on the right
page. What I wrote below is the actual wording from the appeal
site. There are 6 options to choose from.
I've also never said I wasn't the keeper?
#Post#: 117189--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: jfollows
Date: April 28, 2026, 3:25 am
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I’ve never used it either, just use “other”.
#Post#: 119220--------------------------------------------------
Re: Total Car Parks - Gorleston - NTK for late return
DIR By: Jimbob1976
Date: May 19, 2026, 9:50 am
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So i finally after 3 weeks had a response from Popla. Total Car
Parks have come back and challenged it and now i have 7 days to
provide comments.
Do i stick by my guns and go with the letter being non-compliant
due to the incorrect information (30 days to pay/appeal instead
of the 28), or is there anything else i should do now?
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