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Private PCN
Billy7
post Sat, 10 Feb 2018 - 16:35
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Afternoon all,

Looking for some advice please.

The driver received this private PCN and wondered if it was valid as the times differ from the sticker and parking charge notice.

The sticker says 21:53, the letter 21:55.

Also would 21:53 class as still being in the grace period if the expiry was 21:43.

The driver was just going to pay the £60 but just wondered if there's any chance of success of getting this cancelled, as £60 seems extortionate for 10 mins over in an empty car park late all night.

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Kind regards,

Billy

This post has been edited by Billy7: Sat, 10 Feb 2018 - 17:11
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post Sat, 10 Feb 2018 - 16:35
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kommando
post Sat, 10 Feb 2018 - 16:52
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Edit your post and refer only to the driver.
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Billy7
post Sat, 10 Feb 2018 - 17:03
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QUOTE (kommando @ Sat, 10 Feb 2018 - 16:52) *
Edit your post and refer only to the driver.


Thanks have done so.
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kommando
post Sat, 10 Feb 2018 - 17:11
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Ok, now post the full ticket removing ref numbers etc and include the reverse even if its empty.

What the keeper will be doing is waiting until day 24, just before the PPC can access the DVLA and appealing as the keeper. The greedy PPC will then save £2.50 by not accessing the DVLA keepers details and not issue a valid NTK which then means they can only pursue the driver, who they do not know. This is covered in POFA 2012.

It looks to be VCS, if so they are litigious but also fail in court a lot.

There is a grace period but it may not be 10 mins but this would be part of the keepers appeal.
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ostell
post Sat, 10 Feb 2018 - 17:27
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I think he has the PCN, a letter is mentioned. But still post it up, suitably redacted. For a Notice to keeper to be valid it has to have the same details as the details on the windscreen ticket. The NTK also has to comply with the requirements of POFA, which VCS frequently don't
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Billy7
post Sat, 10 Feb 2018 - 17:27
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Thanks

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This post has been edited by Billy7: Sat, 10 Feb 2018 - 17:33
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Dave65
post Mon, 12 Feb 2018 - 16:25
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PCN
"Please be warned" that if after the period of 28 days etc

Does this paragraph need to include a reference to under " the Protection of Freedom Act 2012" ?

to show legitimacy or you may not know why they are stating this.
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Billy7
post Wed, 14 Feb 2018 - 18:26
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Is this NTK not valid then as the time is different to the windscreen ticket and no reference to POFA?

Can I reply stating this or will they just send another NTK with correct time?

Thanks for the help.

This post has been edited by Billy7: Wed, 14 Feb 2018 - 19:09
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s360
post Wed, 14 Feb 2018 - 22:10
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QUOTE (Dave65 @ Mon, 12 Feb 2018 - 16:25) *
PCN
"Please be warned" that if after the period of 28 days etc

Does this paragraph need to include a reference to under " the Protection of Freedom Act 2012" ?

to show legitimacy or you may not know why they are stating this.


Not strictly a requirement i don't believe. Also i believe that the wording is incorrect as it states 28 days after the 'issue' date when it should be from the day after the date 'given', which would be taken to be three days after issue date.

QUOTE (Billy7 @ Wed, 14 Feb 2018 - 18:26) *
Is this NTK not valid then as the time is different to the windscreen ticket and no reference to POFA?

Can I reply stating this or will they just send another NTK with correct time?

Thanks for the help.


I think the time discrepancies are irrelevant. The material times would be on the 'ticket' and the ntk not the envelope. They claim that the windscreen ticket is not a NTD (Notice to driver, in which case why even use it!). However, in my view, how can it be anything other than a 'notice to a driver'. It's a notice intended for the attention of the driver.
One option would be to take the view that its a notice to driver that fails POFA, followed by a ntk that also fails POFA not least on the fact that it has been delivered too early and doesn't repeat the ntd details.
Second option would be to accept that its not a ntd but that the ntk also fails POFA on various points such as the 28 day wording above and no period of parking at a glance. check with POFA para 9 for a straight ntk.
Wait for others to advise but probably go for option 2 and send a response on that basis.
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nosferatu1001
post Thu, 15 Feb 2018 - 08:07
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They do not have ti "invoke" the name of POFA, but they DO need to get every element correct

28 days after issue date does NOT meet POFA, which requires 28 days beginning the day after the notice is GIVEN, meaning served, which means 2 working days AFTER it enters the postal system by first class post.
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