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Time limit for issuing Parking Charge Notice ?, Parking Charge Notice
bandit_o
post Fri, 28 Jul 2017 - 14:00
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Hi everyone. I've received a Parking Charge Notice for for an alleged 12 minute stay in an area (Until recently was simply a layby outside a bank/Pizza Express). without predjudice as to who was driving I'm trying to work out if it can be appealed on the grounds the parking offence is recorded as 23rd June 2017, the letter is dated 24th July, and received by the keeper on 27th July. A full 34 days between the alleged offence ad receipt of the PCN. I'm reading POFA 2012 and the BPA AOS guidelines which suggest to me they had a max 14 days from the date of the 'offence' to provide a 'notice to keeper'.

Am I right ? The only hard and fast rule I can see is for counclils within 28 days, which would still be breached in any case.


Suitable response for an appeal would be appreciated.



Cheers !

This post has been edited by bandit_o: Fri, 28 Jul 2017 - 15:56
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post Fri, 28 Jul 2017 - 14:00
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Jlc
post Fri, 28 Jul 2017 - 14:27
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That time limit is only if they are seeking 'keeper liability'.

You will probably find the paperwork talks about the driver.

Who issued the PCN? EDIT: CEL... Well known for not issuing Schedule 4 compliant PCN's - they'll either fold with the correct initial appeal or at POPLA.

This post has been edited by Jlc: Fri, 28 Jul 2017 - 14:28


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Gan
post Fri, 28 Jul 2017 - 14:34
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It's Civil Enforcement

Woodford Road, Bramhall
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Rhothgar_Den_Vik...
post Fri, 28 Jul 2017 - 15:51
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Edit your initial post to remove any suggestion as to who may have been driving the vehicle.


--------------------
Defendant 1 VCS 0
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bandit_o
post Fri, 28 Jul 2017 - 16:01
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ok, so now I'm confused. They clearly write to the registered keeper, and ask to either pay, or to inform them who was the driver. But I still read that they have to approach the registered keeper within 14 days of the alleged infringement with a legitimate 'notice to keeper' according to POFA2012 Section 9 ?

It took 31 days to print the notice and a further 3 for it to arrive.


Grounds to appeal ? How do I approach that and how do I word it ?

This post has been edited by bandit_o: Fri, 28 Jul 2017 - 16:03
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Jlc
post Fri, 28 Jul 2017 - 16:46
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A notice to keeper can always ask for the driver. Only if they engage PoFA (including within the 14 days) can they pursue that keeper if they choose (or cannot) not to name the driver.

Here they have written to the keeper but cannot enforce liability on them. However, they can still pursue the keeper under the assumption they were driving. (One could argue that if the keeper refuses to name the driver then they may have been driving)

Anyway, you simply point out to them that as they have failed to comply with the necessary conditions of the PoFA then you cannot be held liable without proof you were driving. If the keeper wasn't driving then even better - they can definitely state this and no possible liability.

They often cancel upon appeal for this if pointed out to them. If not they have to issue POPLA code - and putting them to proof that the keeper was driving will see it cancelled. (Pointing out the lack of compliance)

This post has been edited by Jlc: Fri, 28 Jul 2017 - 16:48


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Gan
post Fri, 28 Jul 2017 - 17:54
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The location is very badly signed so include that in the appeal

Phrase it that you have inspected the site so they can't argue that you must have been the driver or you wouldn't have known
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bandit_o
post Fri, 28 Jul 2017 - 18:52
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Thanks for the responses. I'll draft an appeal in the morning. The great news is the keeper most definitely wasn't driving, something that can be proven
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Jlc
post Fri, 28 Jul 2017 - 18:56
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QUOTE (bandit_o @ Fri, 28 Jul 2017 - 19:52) *
Thanks for the responses. I'll draft an appeal in the morning. The great news is the keeper most definitely wasn't driving, something that can be proven

Fantastic, include it as well and they'll throw the towel in early.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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