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PCN received in post after 56 days
Raybelline
Posts: 9 Forumite
Hello
I've read the Newbies info and think I'm up to speed. Just one question:
I received a PCN in the post more than 56 days after the parking incident. Does this change any steps in the process?
Yours gratefully,
Raybelline
I've read the Newbies info and think I'm up to speed. Just one question:
I received a PCN in the post more than 56 days after the parking incident. Does this change any steps in the process?
Yours gratefully,
Raybelline
0
Comments
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Welcome R - a little more detail needed to comment.
Have you just rcvd it?
England?
You haven't said what 'steps in the process', if any, you're considering.CAP[UK]for FREE EXPERT DEBT &BUDGET HELP:
01274 760721, freephone0800 328 0006'People don't want much. They want: "Someone to love, somewhere to live, somewhere to work and something to hope for."
Norman Kirk, NZLP- Prime Minister, 1972
***JE SUIS CHARLIE***
'It is difficult to free fools from the chains they revere' François-Marie AROUET
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Was there a windscreen PCN?0
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Thank you for replying!
Yes, there was a windscreen PCN.
On getting it
I read all the threads on MSE and decided to wait to receive the PCN in the post. I received it on Friday - 82 days after the windscreen PCN.
The decision tree specifies that the PCN should be received in the post 56 days after the windscreen PCN/ parking incident so I just wanted to be sure that my next step is still to appeal (using the template!) now.0 -
Which parking company please? Who they are can influence how we advise you to proceed.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
It is Armtrac Security in Cornwall. They are a member of the BPA. I live in London.0
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But in general, a late NtK means you add an appeal point ...
x) The notice to keeper was received 82 days after the noted date of the parking event. As such the requirements of Schedule 4 of the Protection of Freedoms Act 2012 have not been met (the notice should be received no later than 56 days after the date of the parking event), therefore there is no keeper liability thus your PCN is unenforceable.0 -
Ok, got it. Thanks a lot!0
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But in general, a late NtK means you add an appeal point ...
x) The notice to keeper was received 82 days after the noted date of the parking event. As such the requirements of Schedule 4 of the Protection of Freedoms Act 2012 have not been met (the notice should be received no later than 56 days after the date of the parking event), therefore there is no keeper liability thus your PCN is unenforceable.
Not strictly true and you (OP) need to be careful what you write to the PPC.
The PCN IS enforceable - but only against the driver. Keeper liability has been lost.
So if you were not the driver, bod1467 is correct. But you need to put that in your appeal and appeal only as keeper.0 -
Hello
I am now on the second stage of the process. Yesterday (27 November) I received a rejection letter from Armtrac dated 1 November. I have checked the POPLA verification code and it is also dated 1 November. However, the letter was posted 2nd class and the Royal Mail Cornwall Mail Centre postal stamp on the envelope is dated 25/11/14. I live in London.
According to the POPLA website I only have one day left to appeal.
I need to get this appeal in online today so would very much appreciate help with writing this appeal. I am quite disgusted that Armtrac are obviously trying to prevent me from making the appeal on time, by dating the verification code 1 November and only posting it to me on 25 Nov. I really want to win this!
I want to appeal on the grounds that there was no initial loss as the driver did pay for the ticket. Can I also throw in the Armtrac's obstructive tactics in this appeal process?0 -
Go back to the Newbies thread and find an appeal template. By all means mention Armtrac's tactics but that's not what will win it.
Complain in the strongest possible terms to DVLA and BPA about Armtrac's tactics, enclosing copies of the evidence. State that you want Armtrac sanctioned and you want the sanction carried over to the IPC.Je suis Charlie.0
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