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Best way to respond to this PCN - PCN CANCELLED, 14 day limit
pdl
post Thu, 17 Jan 2019 - 15:43
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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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post Thu, 17 Jan 2019 - 15:43
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ManxRed
post Thu, 17 Jan 2019 - 16:00
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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.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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pdl
post Thu, 17 Jan 2019 - 16:14
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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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nosferatu1001
post Thu, 17 Jan 2019 - 16:35
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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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bearclaw
post Thu, 17 Jan 2019 - 16:37
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Edit your post.... "the driver" parked... etc....
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ManxRed
post Thu, 17 Jan 2019 - 16:37
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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.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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freddy1
post Thu, 17 Jan 2019 - 16:39
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council land , lack of grace periods etc etc
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Sheffield Dave
post Thu, 17 Jan 2019 - 17:02
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edit some more: "the driver went over"
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cabbyman
post Thu, 17 Jan 2019 - 18:20
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You MUST edit your first post. I can still infer the driver's identity. This is CRUCIAL. PPCs watch this forum!


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pdl
post Tue, 22 Jan 2019 - 16:51
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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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