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[NIP Wizard] PCN for less than 15 minute period
PoodlePack
post Thu, 10 Jan 2019 - 13:42
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Thank you for your responses. Yes, I misunderstood the NIP wizard was not intended for PCNs until i was uploading the info and it may be easier to just upload my case as a new thread and cancel this one to avoid confusion.

That said, the info entered under details in the initial post gives the gist of the scenario.

1. In Sept, entered car park, did not park so didn't buy ticket and left car park 14 minutes later.

2. Received a PCN from Euro Car Parks in Oct dated 9 days after "event" but received a good few days after that. Didn't keep the envelope but remember that it was some time after the Date Issued date listed on the letter.

3. Because of the circs, we did a little research and chose to ignore the letter on the basis that as it was under 15 minutes they would not pursue it.

4. Opened letter on 8th Jan from DRP after being away for a week. This letter was dated late Dec and was entitled "notice of intended court action - unpaid parking charge £xxx. The letter referred to another that had been posted early Dec which we had never received.

Aside from any potential defence around PoFA and our mitigation that my wife was not well, does spending less than 15 minutes in the car park make the charge unreasonable?





This post has been edited by PoodlePack: Thu, 10 Jan 2019 - 15:27
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post Thu, 10 Jan 2019 - 13:42
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nosferatu1001
post Thu, 10 Jan 2019 - 14:18
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No idea why you used the NIP wizard on this.

Any reason it could take that long to arrive? Is the V5 EXACTLY correct?
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Ollyfrog
post Thu, 10 Jan 2019 - 14:24
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PoodlePack. Do you have a letter before claim? If so this is not a NIP, you're not being prosecuted, they're not the police.
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PoodlePack
post Thu, 10 Jan 2019 - 16:32
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Thank you for your responses. Yes, I misunderstood the NIP wizard was not intended for PCNs until i was uploading the info and it may be easier to just upload my case as a new thread and cancel this one to avoid confusion.

That said, the info entered under details in the initial post gives the gist of the scenario.

1. In Sept, entered car park, did not park so didn't buy ticket and left car park 14 minutes later.

2. Received a PCN from Euro Car Parks in Oct dated 9 days after "event" but received a good few days after that. Didn't keep the envelope but remember that it was some time after the Date Issued date listed on the letter.

3. Because of the circs, we did a little research and chose to ignore the letter on the basis that as it was under 15 minutes they would not pursue it.

4. Opened letter on 8th Jan from DRP after being away for a week. This letter was dated late Dec and was entitled "notice of intended court action - unpaid parking charge £xxx. The letter referred to another that had been posted early Dec which we had never received.

Aside from any potential defence around PoFA and our mitigation that my wife was not well, does spending less than 15 minutes in the car park make the charge unreasonable?
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Jlc
post Thu, 10 Jan 2019 - 16:50
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Well the good news is that a court claim is unlikely to materialise... (It's bluster)

Regards 15 minutes - it could be argued that a contact could have been formed. 10 minutes would normally be seen as the minimum grace period. Circumstances may be relevant but ultimately the driver decided not to accept the contract and left.


--------------------
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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PoodlePack
post Thu, 10 Jan 2019 - 17:20
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Thanks Jic, on what basis do you think a court case is unlikely - is it to do with the time period?

This post has been edited by PoodlePack: Thu, 10 Jan 2019 - 17:49
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Jlc
post Thu, 10 Jan 2019 - 19:56
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Simply that some companies don't issue claims (currently)...


--------------------
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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nosferatu1001
post Fri, 11 Jan 2019 - 08:23
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Pretty much that - ECP dont do court.
You can ignore DRP utterly, and carefully read any letter in case you think a new company has taken it up.
DRP have no powers and court means they dont get paid, as they operate a no collect, no fee model.
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