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PCN over 28 days but letter dated before
tommy2009
post Mon, 17 Jun 2019 - 10:58
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Hi,
Before I go into details I may not have to bore you with...

Got a PCN today from CPS.

The date of the overstay is 17/5/19.
Today is 17/6/19.

I think I'm right in saying they are well out of time?
However, they have dated the letter 11/6/19, which is within the time.
There is no postmark on the envelope, just a logo for Royal Mail with a C9 10045.

Should I just write back and tell them I got the PCN outside the 28 days?

Many thanks.

This post has been edited by tommy2009: Thu, 20 Jun 2019 - 12:38
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post Mon, 17 Jun 2019 - 10:58
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tommy2009
post Wed, 19 Jun 2019 - 15:57
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Thanks to both of you.

I've altered my letter to hopefully include the points you both raise.

Here's a link if anyone needs it to the post on here by SchoolRunMum regarding disability. 6th post down.

http://forums.pepipoo.com/lofiversion/index.php/t84076.html

Many thanks again.




This post has been edited by tommy2009: Thu, 20 Jun 2019 - 13:37
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Sheffield Dave
post Wed, 19 Jun 2019 - 18:39
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The person who initially parked the car is liable - they entered into a contract with the PPC. The person who drove the car away at the end of the parking session is not liable, and its irrelevant who they were.

I think you'll need to do some large edits of your last few posts to avoid hinting at the identity of the driver (the one who parked).
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tommy2009
post Wed, 19 Jun 2019 - 20:12
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I'm probably getting as fed up as you lot with this.
2 days to go and I have to post it no matter what.
I'm just getting so confused with what I've said and what I'm supposed to say.
The wife wants me to just pay it.
At the moment I don't want to.
She's afraid there will be a letter waiting saying it's gone up to £100 by the time we get back.

Anyway, here's my latest attempt.
My apologies to The Rookie for not including his suggestion regarding protected characteristics, which I've rectified in this version.

Thanks to all for your help and patience, and to Sheffield Dave for pointing out my glaring errors.


Complete Parking Services



My name and address

date



Dear Sirs,

On 17/6/19, I received a PCN from yourselves. You wrote to me as registered keeper not as the driver.

PCN No.

Reg No.

Although the date on your letter is 11/6/19 I did not receive it until 17/6/19, being 32 days after the alleged parking infringement on 17/5/19.
As this is a camera issued PCN you would have needed to apply to DVLA within 14 days of the alleged infringement, then notify me within 14 days, as the Registered Keeper, to have Schedule 4 compliance.

Therefore, you have not complied with Schedule 4 of the Protection of Freedoms Act 2012 and cannot transfer liability to me, the Registered Keeper.

I would therefore request that you cancel this PCN.

If you wish to pursue this further I suggest you contact the driver. I am under no legal obligation to name the driver and will not be doing so.

I would further like to add the following -

I am disabled and have a Blue Badge, a copy of which is enclosed.

I have many problems with mobility, for which I can provide proof, if required to, with x-rays and Specialists reports.

The Equality Act 2010 states I have protected characteristics due to disabilities.

As an occupant of the car on the day in question, I was in so much pain through walking around Scarborough and taking rests, and also when I got up the hill back to the car, when I had to rest again. Because of my mobility problems the driver could not leave until I had recovered from each period of pain and rest.

The PCN showed an 'overstay' of 25 minutes.

The Equality Act 2010 states reasonable adjustments should be made for disabled people. I feel 25 minutes or more would be a reasonable adjustment.
As a disabled person, I feel I should not be discriminated against for taking some minutes longer than able-bodied people to go about their daily lives.

As explained in the Equality and Human Rights Commission Code of Practice, I draw your specific attention to your statutory duty in the Code, to avoid 'indirect discrimination' by applying a blanket term or policy (such as a time limit with no flexibility for disabled people).

I am aware you did not know the circumstances of my disabilities when issuing the PCN. I would hope that, now I have explained them, you will inform me that you have cancelled the ticket.

If you refuse, I would like to appeal to the IAS. I would also like to know what 'reasonable adjustments' of time are in place for your disabled visitors. I will relay your answer to the Equality and Human Rights Commission.


Yours,

My name

(Do I sign it?)

This post has been edited by tommy2009: Thu, 20 Jun 2019 - 13:36
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tommy2009
post Thu, 20 Jun 2019 - 18:44
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I'm sorry for bumping this, but it was last on the screen and disappearing.
I really need to post this tomorrow before my holiday.

I would really appreciate one last check of my letter, just in case.

Thank you.

Tom.
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Sheffield Dave
post Thu, 20 Jun 2019 - 19:55
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It looks ok.
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tommy2009
post Thu, 20 Jun 2019 - 20:37
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Thank you so much. That's a weight off my shoulders. I'll sleep tonight.
Tom.
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tommy2009
post Tue, 9 Jul 2019 - 15:29
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Just got back from holiday.
Checked on Paymypcn and it says Appeal Accepted.
Thank you so much to all who helped me.

kind regards

Tom
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