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Advice regarding pcn and issued date, Issued date on pcn advice needed
nikkietoni
post Thu, 11 Oct 2018 - 17:14
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Hi need some help please. Issued with a pcn from Premier Park Ltd and the date
Of the apparent contravention was the 3rd of the month but the issued date of the pcn was
the 19th of the following month. Therefore it was received more than 14 days after the
apparent contravention. Can an appeal be made on those grounds? Thankyou
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post Thu, 11 Oct 2018 - 17:14
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SchoolRunMum
post Thu, 11 Oct 2018 - 17:18
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- Does the NTK say that a windscreen PCN was already issued and remains unpaid? Or does it read as the first indication of the charge?

- Is the car leased/hired/company car, whereby the delay is due to PP writing to the lease/rk company first?
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kommando
post Thu, 11 Oct 2018 - 17:19
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This assumes its was ANPR not a ticket on the car first, then the NTK has to arrive between day 28 and 56, not before or later. If no ticket on car then.

Appeal as keeper and do not reveal identity of driver. They have filed to meet the requirement within POFA 2012 for keeper liability namely the requirement to deliver the NTK (notice to keeper) with in 14 days.
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nikkietoni
post Thu, 11 Oct 2018 - 17:45
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Hi yes it was ANPR and not on windscreen. i was asking for a friend who has just told me
that the car was registered in a parents name who received the pcn originally. They told the
Parking company they were not driving and gave my friend's name and
She has received the pcn now in her name.!!
Hence the delay. Any advice now please?
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SchoolRunMum
post Thu, 11 Oct 2018 - 18:03
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She appeals as 'keeper' of the car, using the template in the MSE NEWBIES thread. Copy it, as is, no changes.

Then gets a POPLA code and reads other PP POPLA cases on both forums, and the third post of the NEWBIES sticky where the POPLA appeal template points are. Come back at POPLA stage & show us the draft appeal then.

This post has been edited by SchoolRunMum: Thu, 11 Oct 2018 - 18:03
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kommando
post Thu, 11 Oct 2018 - 18:23
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As long as she was named as the keeper at the time and not given as the driver the 14 days works, but if named as the driver then it will not work and other angles are needed.
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nikkietoni
post Thu, 11 Oct 2018 - 18:26
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Thanks.. i have just noticed on the pcn it says "if you were not the driver(even though you have been named as the driver) of the vehicle at the time it was parked or if vehicle stolen ...... let us know... so looks like her dad named her as the driver!!!
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ostell
post Thu, 11 Oct 2018 - 20:43
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The daughter had control of the car and was therefore the keeper at ths time, just not the registered keeper
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SchoolRunMum
post Thu, 11 Oct 2018 - 20:48
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QUOTE (nikkietoni @ Thu, 11 Oct 2018 - 19:26) *
Thanks.. i have just noticed on the pcn it says "if you were not the driver(even though you have been named as the driver) of the vehicle at the time it was parked or if vehicle stolen ...... let us know... so looks like her dad named her as the driver!!!
No he can't have done unless he was a witness in the car. Stop worrying and follow the process, nikkietoni!

The template letter says 'keeper' (notice, not 'registered keeper') as it is a one size fits all appeal, honestly, it's been tried & tested.
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nikkietoni
post Fri, 12 Oct 2018 - 07:29
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Thanks everyone .. have appealed to company and will get a popla code
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nikkietoni
post Thu, 18 Oct 2018 - 14:45
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Appealed to Premier and got this back ? We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.

You have been named as the Driver of this vehicle on the date of the contravention. If you were not the Driver. please provide evidence of this.

In order for us to fully assess your appeal we must request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN.

This information should be provided by 24th October 2018. Please note, we are unable to place this PCN on hold until these details are received. Please be advised that Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.

If you would like to view our photographic evidence, please visit www.pcnpayments.com

Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.
Help please!!
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nosferatu1001
post Thu, 18 Oct 2018 - 14:48
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- what exactly did you send as the appeal
- noone EVER said to appeal "on behalf of" the driver, so I am really hoping you didnt do that!
- could anyone have named the driver before you appealed? Just a simple yes or no.

If noone could have named you as the driver, then you simply tell them theyre talking rubbish> As this is clearly personal data relating to you, you require all information relating to this alleged nomination. Once you receive it you will consider your position.
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nikkietoni
post Thu, 18 Oct 2018 - 14:57
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Hi thanks .. my friend's car is registered with her dad who completed one of the questions on the pcn he was sent originally naming her as the driver i presume.. although like one person on here said to me that is not proof she was the driver as the dad was not there to see who was driving!
I appealed on her behalf about the signs being inadequate etc she did not admit to being the driver on the appeal
This was the appeal:
"I appeal this parking charge notice.The signs in the car park were very high up and the small print with the terms and conditions could not be read by the driver.There is only one payment machine and this is immediately to the right obscured by a hedge as the driver enters and the majority of spaces are on the left where there is no payment machine and no signs demanding payment. Therefore this is the only payment machine in the car park. In addition the four signs in the car park includes one obscured on the back of the entrance sign displaying the P...once again this writing is small and cannot be read. There are no large and prominent signs stating that payment is required in the car park or at the exit . So therefore signage in the car park is insufficient.
There is no notice on the way in that its an ANPR car park either.
Unreadable signage breaches appendix B of the BPA code of Practice.” In all cases the driver's use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are.""

This post has been edited by nikkietoni: Thu, 18 Oct 2018 - 15:11
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nosferatu1001
post Thu, 18 Oct 2018 - 15:02
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NOONE said to appeal on behalf. Its a surprise they bothered to respond

State that the nomination was made by someone who was not the Keeper, only the Registered Keeper. As they are not the Keeper, they are not in a position to nominate the driver.
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nikkietoni
post Thu, 18 Oct 2018 - 15:15
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Hi thankyou ... I am rather confused as they are trying to make her admit to being the driver... can they refuse the appeal and Also refuse to send her a popla code?
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nosferatu1001
post Thu, 18 Oct 2018 - 15:24
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Why are you surprised that theyre trying to make her identify the driver? Without the drivers identity they struggle a lot more

From where did they get the idea that the appeal was on behalf of the driver? I dont understand how they arrived. Were any options checked on teh PP website?

Theyre not refusing to send the POPLA code. Theyre doing what they always do - stalling, trying to get the drivers details.
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nikkietoni
post Thu, 18 Oct 2018 - 15:52
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Hi thanks. I have no idea why they said she was appealing on behalf of the driver! How does she prove to them she was not the driver ...? Nothing was ticked on pp website no indeed not
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nosferatu1001
post Thu, 18 Oct 2018 - 15:58
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Post 14. I told you what to do.

You dont have to prove otherwise. Yo upoint out the person nominating could not possibly know who the driver was.
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nikkietoni
post Thu, 18 Oct 2018 - 16:30
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Thankyou will do
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Redivi
post Thu, 18 Oct 2018 - 17:29
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Her father should have said nothing more than he isn't the keeper of the vehicle
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