Help - Search - Members - Calendar
Full Version: Parking Charge notice Colchester station after 3 months
FightBack Forums > Queries > Private Parking Tickets & Clamping
SteveC3
Hi.
I've just received a PCN as the driver apparently parked over the time limit at the station pick-up area.
Date of incident is 6th August 2021 and date of sending the notice is 5th November 2021. Can this be pursued after this time?
Many thanks.
DWMB2
First edit your post to not reveal who was driving - "the driver" parked.

Post up a photo of the notice you've received. Are you the registered keeper of the vehicle (i.e. it's not on a hire/lease agreement)?
SteveC3
https://imagizer.imageshack.com/img922/9575/26Lpn1.jpg

Thanks.
I am the registered keeper and V5 is up to date
ostell
Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You have also failed to give notice of keeper liability as required by 9 (2) (f) of the same act.

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


First class post with a free certificate of posting from a post office.

Send the above but also check if this is railway land subject to byelaws.
nosferatu1001
If it's a station, might not be any pofa to rely on...
SteveC3
Sorry, I'm not very clued up on the procedure and what a POFA is?
Also, if the PCN is contested, does this waive the right to the cheaper fine (£60 if paid within 14 days)?
Thanks
Dave65
PoFA if fulfilled correctly by the PPC can hold the keeper liable.
This is a Railway station so byelaws may be in place.
nosferatu1001
POFA2012 is what banned clamping, but decided that keepers can, under specific circumstances, be held liable for a drivers charge

Land where there are other controls in place over parking, such as railway stations, can NEVER have keepe liability under pofa. This is because they are not relevant land for the purpose of keeper liability.


So, job one - you find out if the car park in question is on railway land. If so it WILL have byelaws in place.
Gary Bloke
If the car park is railway land, Schedule 4 of POFA does not apply so there is no keeper liability.
If the car park is not railway land, they have failed to meet the conditions required by Schedule 4 of POFA to transfer liability from driver to keeper.
So either way - no keeper liability!

The PCN in this case is a Parking Charge Notice - not a Penalty Charge Notice - so it appears that NCP are using civil contract law to manage the parking rather than byelaws (which is criminal law). This means that they can pursue the driver for damages for breach of the parking contract for up to 6 years after the date of the alleged incident. (If they had been using Byelaws, the ability to prosecute the driver in a Magistrate's Court would expire after only 6 months).

PE vs Beavis may not apply at station car parks, where there is no commercial justification for parking charges in excess of a Genuine Pre-Estimate of Loss (GPEOL). So a named driver could try using this as a defence. Never been tested yet so may not work.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.