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metroseal
Had a letter addressed to my son saying he had incurred pcn on 4/6/16 at the notorious Peel Centre in Stockport.The date on the notice issued was 22/6/16 and it arrived on 25/6/16.
Have they issued too late as I've read it's 15 days to issue/send etc
My son doesn't live here and hasn't done since Sept 2015 he does still own the car I believe

I have wrote pointing out to them both facts but another one now arrived for £100. What's my next move please
nosferatu1001
Did you reveal the drivers identity?

14 days ONLY applies to Holding the Registered Keeper liable.

Obviously if they know who the driver is, then Keeper liability is not needed.

"both" facts? What "Both" facts are you talking about? Him not living there isnt any form of "defence" to the alleged breach...
metroseal
I don't know who was driving as its not my car and he doesn't live here. What I'm trying to establish is do I respond again or throw them in the bin.
They are facts that he doesn't live here and he is the registered keeper and they issued the ticket outside the time they are required , I didn't say that was a defence as I don't need to defend anything I've done nothing but as the letters are coming to my home I wanted to know what I should do.
That's all
nosferatu1001
You sid "another one arrived"

Is this an entirely new PCN, or is this a rejection of the appeal?

You realise we cant mind read, so please be as precise as possible smile.gif

It was more - his not being at the address the vehicle is registeed too is utterly irrelevant as far as parking charges are concerned. PPCs rightly dont care what arrangements are in place. So no need to tell them.

They can issue the charge notice as late as they like, up to 6 years, and the driver is still in theory liable. However to make the Registered Keeper liable - your son - they have to issue so it is received within 14 days if no PCN was placed on the vehicle, or 29 - 56 if there was one. So before going down the "its too late", WAS there a PCN on the vehicle?

Excel ARE taking people to court at this site, so its worth getting it right.
metroseal
There was nothing on the vehicle the notice was sent out by post due to anpr at the site. As I said in the op the date of his transgression was 4th and the issue date was 22nd (June) which arrived on 25th.
Jlc
For they way they operate it's not 'too late'. However, they would have to pursue the registered keeper under the presumption they were driving.
metroseal
QUOTE (nosferatu1001 @ Wed, 3 Aug 2016 - 15:21) *
However to make the Registered Keeper liable - your son - they have to issue so it is received within 14 days if no PCN was placed on the vehicle, or 29 - 56 if there was one.



So does this mean they cant now pursue him as the registered keeper as they didnt issue in time
ostell
They will pursue him but he has a good defence in that the notice was not given in time.
Jlc
If the post is in your son's name then you should advise him. They are issuing court claims at that location.

They may not have earnt the 'right' to pursue the RK but will pursue him under the presumption he was driving. If he wasn't driving then there's possibly a strong defence but if he was then matters are harder.
nosferatu1001
Metroseal - you didnt answert the question I asked

You Said "another one" arrived. Is this a NEW PCN, or a reminder of the existing PCN? Questions arent asked for fun.

They are taking people to court there. The Keeper has to appeal, stating that the notice does nto make use of the provisions of POFA2012 to hold the keeper liable, and (IF TRUE) the Keeper was not the Driver at the material time.

I hate 2nd hand information. Your son should be dealing with this.
metroseal
Apologies It's a reminder of the existing pcn stating it was now £100.
So if they continue to send correspondence here do I stop opening it and ignore it.
Do they have any authority to demand who was driving if he wasn't and if he was how are they supposed to get him to court if they don't have his home address will they still issue court papers to my address or will they now look elsewhere
nosferatu1001
No, your son should start collecting his correspondence and dealing with it

There is nothing to compel your son, as Keeper, to reveal the identity of the driver.

They would likely issue court papers in his name to your address. If no acknowledgement is submitted, or defence filed, then there is no doubt a default judgement will be entered. Once the deadline elapses, a CCJ is recorded against your sons credit file (trivial to connect him) and the next time he tries to get credit - a c mobile phone, mortgage, car loan, etc - its likely it will be turned down

Again: get your son to start dealing.
metroseal
Yes I get that he should be dealing but as I opened the letter and saw the date of issue I thought I would save him some time and hassle .
If I now return the mail unopened as not known at this address or is that not a good idea.
Jlc
QUOTE (metroseal @ Mon, 8 Aug 2016 - 15:38) *
If I now return the mail unopened as not known at this address or is that not a good idea.

The v5 seems to say different.
metroseal
He genuinely doesn't live here btw
Jlc
QUOTE (metroseal @ Mon, 8 Aug 2016 - 15:41) *
He genuinely doesn't live here btw

Indeed, but a 'not known' isn't exactly truthful.

He doesn't appear to have committed a separate offence in regards to updating his v5 as long as the address for communication listed allows the mail to get to him.
metroseal
Ok so if I pass him the letters and he writes to them stating the POFA2012 weren't met with the issue date being 18days after the offence ( I've already sent this info in the first letter) does that make any difference.
I was under the impression these tickets were all hot air and threats with no substance but I'm getting the feeling that he might as well pay even though he has an argument as to why he shouldn't
Jlc
QUOTE (metroseal @ Mon, 8 Aug 2016 - 15:57) *
I was under the impression these tickets were all hot air and threats with no substance

They are having a bit of court campaign at this exact location. (See post #4)
nosferatu1001
QUOTE (metroseal @ Mon, 8 Aug 2016 - 15:57) *
Ok so if I pass him the letters and he writes to them stating the POFA2012 weren't met with the issue date being 18days after the offence ( I've already sent this info in the first letter) does that make any difference.
I was under the impression these tickets were all hot air and threats with no substance but I'm getting the feeling that he might as well pay even though he has an argument as to why he shouldn't


Theyre not hot air
Noone says pay

However, dealing with this 3rd hand is frustrating, as essentially you keep looking for a quick fix, even a dishonest one (not known) whcih noone here will condone.

Get your son to deal. the DOZENS OF THREADS HERE will guide you, if only you'd look around and make some effort.
ostell
But they are fightable as long as the driver is not identified and all correspondence is from the keeper. Instead of handling this second hand why not get him to join the forum then he can answer the questions himself. He also put up any appeal for critique before sending.

Returning a letter "Not known at this address" would probably encourage them to go straight to court.
metroseal
I have done research that's why I'm here , I understand why he should be dealing with it but why should I help them by revealing his address essentially doing work on their behalf. Maybe not known should have been no longer lives here but I'm not trying to be dishonest just to help him as my initial research highlighted the time issue.
Thanks for your input
ostell
QUOTE (metroseal @ Mon, 8 Aug 2016 - 16:15) *
I have done research that's why I'm here , I understand why he should be dealing with it but why should I help them by revealing his address essentially doing work on their behalf. Maybe not known should have been no longer lives here but I'm not trying to be dishonest just to help him as my initial research highlighted the time issue.
Thanks for your input


Who said anything about revealing his current address ? So what happens when you get the court claim forms addressed to your son at your address ? do you reply to them ? To do so could get you criminal charges against you. Not letting him handle it himself is not being helpful, it just makes it difficult to help successfully, and makes it more likely that a court claim WILL be started.
cabbyman
'Not known' or 'no longer lives here' will encourage them to go for a default judgement. The ensuing CCJ will then come up next time he wants credit and they are then guaranteed their money to satisfy the CCJ.
nosferatu1001
As above

Get your son to deal. Send Six and four pence

If you do not respond with a new address, what are you going to do when they issue court papers at your address? YOU cannot handle those, not without committing a real offence.
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