Best way to respond to this PCN - PCN CANCELLED, 14 day limit |
Best way to respond to this PCN - PCN CANCELLED, 14 day limit |
Thu, 17 Jan 2019 - 15:43
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#1
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Member Group: Members Posts: 15 Joined: 9 Jul 2009 Member No.: 30,215 |
Hi
The driver of my car parked at a council gym 28th Dec, there is a 3 hr car parking limit which they went over, there are lots of signs saying 3 hr limit. However if you are for more than 3 hrs you can enter the car reg into an Ipad at the desk which allows a full days parking. 15th Jan I received in the post a PCN from a private parking firm with a £60 charge as they state parked for 3 hr 12 mins. The PCN states: INCIDENT DATE 28/12/2018 PCN ISSUE DATE: 11/01/2019 By my calculation that is 14 days and the 11th was a Friday. So if they have put this in the post on Friday 11th Jan the very earliest I would have received it would have been Monday 14th Jan which is 17 days, though I actually received it Tuesday 15th Jan at 18 days. What do i do next. I am the registered keeper but I was not driving. Someone else was driving and they used the gym also. For reference I have sent detail/evidence of my work outs to the gym and asked the gym to contact the parking firm and ask them to cancel the PCN. But as a back up if there is an issue and the PCN is not cancelled do I have any legal grounds re the 17 days it took them to contact the registered keeper, me? Regards pdl This post has been edited by pdl: Tue, 22 Jan 2019 - 16:47 |
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Thu, 17 Jan 2019 - 15:43
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Thu, 17 Jan 2019 - 16:00
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#2
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
Which private parking firm?
Your appeal should be based around the fact that as they have failed to comply with the criteria laid down in Schedule 4 of the Protection of Freedoms Act, namely that they failed to deliver the NtK to you within 14 days from the date of the incident, which means that they cannot hold you, as Registered Keeper, liable. You were not the driver at the time, are under no obligation to name the driver, and on this occasion you will not be doing so. You now expect them to cancel the ticket, and remove your data from their records, as they have no reasonable cause to continue to process it. They may continue to pester you with begging letters, debt collector letters etc. We can advise the likelihood if you let us know which parking company. -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Thu, 17 Jan 2019 - 16:14
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#3
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Member Group: Members Posts: 15 Joined: 9 Jul 2009 Member No.: 30,215 |
Thank you
They call themselves Civil Enforcement Ltd, based at Horton House, Exchange Flags, Liverpool Their website goes under ce-service.co.uk This post has been edited by pdl: Thu, 17 Jan 2019 - 16:15 |
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Thu, 17 Jan 2019 - 16:35
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#4
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
By doing some obvious searches on here, you will understnad
- they are easy to beat at POPLA as long as the drtiver is not revealed - failing to do so has a good chance of seeing you at court. Again, theyre easy enough to beat their - competency isnt their strong suit! - but its more faff |
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Thu, 17 Jan 2019 - 16:37
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#5
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Member Group: Members Posts: 564 Joined: 15 Nov 2017 Member No.: 95,103 |
Edit your post.... "the driver" parked... etc....
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Thu, 17 Jan 2019 - 16:37
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#6
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
OK, although they're one of the more litigious and persistent companies, they are in the BPA so will offer POPLA as an independent appeals option. POPLA are usually minded to uphold appeals based on 'they don't know who the driver is, and they've not complied with Protection of Freedoms Act' based appeals. So even if they reject your initial appeal, you should be able to kill this at POPLA.
You will need to research the POPLA appeal on here or on MoneySavingExpert where there are some decent examples you can use. -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Thu, 17 Jan 2019 - 16:39
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#7
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Member Group: Members Posts: 4,337 Joined: 4 Jan 2007 Member No.: 9,897 |
council land , lack of grace periods etc etc
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Thu, 17 Jan 2019 - 17:02
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#8
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
edit some more: "the driver went over"
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Thu, 17 Jan 2019 - 18:20
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#9
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
You MUST edit your first post. I can still infer the driver's identity. This is CRUCIAL. PPCs watch this forum!
-------------------- Cabbyman 11 PPCs 0
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Tue, 22 Jan 2019 - 16:51
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#10
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Member Group: Members Posts: 15 Joined: 9 Jul 2009 Member No.: 30,215 |
So here's what happened.
I appealed via their web site, it was after that I noticed the PCN issue date after 14 days. I then sent them an email stating as I wasn't the driver and they'd breached POFA 14 days they should cancel the PCN and then remove my details re GDPR etc. Checked their appeal web site page today and it says "This Parking Charge Notice has been cancelled." Boom!!! Thank you everyone |
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