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  • FIRST POST
    • KIDDSKY
    • By KIDDSKY 16th Oct 16, 5:42 PM
    • 2Posts
    • 0Thanks
    KIDDSKY
    How long do they have to issue a PCN?
    • #1
    • 16th Oct 16, 5:42 PM
    How long do they have to issue a PCN? 16th Oct 16 at 5:42 PM
    Long story short - parked in New Mcdonalds car park at 10pm no lights only small signs in 2014.
    They issued a PCN two weeks after the incident - This is my question, is there a time limit as two weeks seems quite long.
    I made an appeal by post (No longer have proof as it was 2 years ago)
    No Response to appeal
    Receive a further letter saying full amount now due
    Email appeal stating previously posted.
    Received Auto Reply saying they received my email
    No further response
    2 years later just received letter before court.


    I am now complaining to BPA about them, should i also CC POPLA?
    Last edited by KIDDSKY; 16-10-2016 at 5:46 PM.
Page 1
    • pappa golf
    • By pappa golf 16th Oct 16, 5:50 PM
    • 5,349 Posts
    • 4,877 Thanks
    pappa golf
    • #2
    • 16th Oct 16, 5:50 PM
    • #2
    • 16th Oct 16, 5:50 PM
    if by ANPR , its 14 days , who is the parking company , and who is the letter before court from
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • KIDDSKY
    • By KIDDSKY 16th Oct 16, 5:53 PM
    • 2 Posts
    • 0 Thanks
    KIDDSKY
    • #3
    • 16th Oct 16, 5:53 PM
    • #3
    • 16th Oct 16, 5:53 PM
    It is by ANPR and was issued on the 14th day. its from Civil Enforcement Limited, the letter before court is also off them
    Last edited by KIDDSKY; 16-10-2016 at 5:55 PM.
    • pappa golf
    • By pappa golf 16th Oct 16, 6:02 PM
    • 5,349 Posts
    • 4,877 Thanks
    pappa golf
    • #4
    • 16th Oct 16, 6:02 PM
    • #4
    • 16th Oct 16, 6:02 PM
    if it was issued on day 14 you could have not received it within 14 days , where you never offered a popla appeal? (after your appeal decline)
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • kiddsky
    • By kiddsky 16th Oct 16, 6:16 PM
    • 15 Posts
    • 2 Thanks
    kiddsky
    • #5
    • 16th Oct 16, 6:16 PM
    • #5
    • 16th Oct 16, 6:16 PM
    They issued it on Day 14. They also posted the letter 6 days after issuing it (franking date) it arrived 9 days after issue that was one of the highlights of my appeal that they didn't even send the charge on time (I didn't even realise about the 14 it took them to issue the PCN

    I don't have POPLA number as they never responded to any of my appeals.

    I have 4 pieces of communication of them in last two years
    1) PCN
    2) Letter stating full payment is now due
    3) auto reply of receipt of my 2nd appeal
    4) letter before court
    • pappa golf
    • By pappa golf 16th Oct 16, 6:25 PM
    • 5,349 Posts
    • 4,877 Thanks
    pappa golf
    • #6
    • 16th Oct 16, 6:25 PM
    • #6
    • 16th Oct 16, 6:25 PM
    a complaint to the BPA , enclosing scans of all correspondence , stating that they have started court proceedings , after failing to abide by POFa 2012 or send you a POPLa code


    nip this in the bud , before they issue papers
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • Coupon-mad
    • By Coupon-mad 16th Oct 16, 11:36 PM
    • 40,363 Posts
    • 52,233 Thanks
    Coupon-mad
    • #7
    • 16th Oct 16, 11:36 PM
    • #7
    • 16th Oct 16, 11:36 PM
    As well as complaining to the BPA you also need to respond to the LBCCC denying liability because they did not comply with the POFA 2012 and cannot hold a registered keeper liable. As this was two years ago a keeper cannot be expected to recall who was driving and nor is there any legal obligation to do so. You should also request copies of all letters as an appeal was made but no response was ever received, and copies of the signage pictures that they intend to rely upon should they proceed to court, because you have no evidence of any contract which puts you at a distinct disadvantage.

    Remind them of the 'overriding objective' in the Practice Directions (Google it).

    Expect CEL to proceed with court papers regardless, in which case you acknowledge the claim then defend with our help, basing your defence on previous ones you find here and updating it to suit.

    No cases v CEL have proceeded to a hearing AFAIK, when a defence from here was submitted. So don't panic that this stage (or even if you get court papers) means an inevitable court day - not the case at all. And winnable anyway, and you can claim your costs. No CCJ, no effect on credit rating as long as you do not miss any deadline if you do get a claim.
    Last edited by Coupon-mad; 16-10-2016 at 11:38 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • kiddsky
    • By kiddsky 17th Oct 16, 9:34 AM
    • 15 Posts
    • 2 Thanks
    kiddsky
    • #8
    • 17th Oct 16, 9:34 AM
    • #8
    • 17th Oct 16, 9:34 AM
    Thanks guys for all your help, but am not sure on denying any knowledge its sort of a catch 22 if i lie and say i dont know who was driving it they can somehow find the appeals and say but i have appealed it. Then again if they find them they then have to prove that they answered it (Not received a response either by post or email, but you know knowing my luck they'll fabricate something)

    I am sending a sort of evidence pack to them and BPA and thought i'd send a copy to POPLA as well I know they cant do anything, but who am i hurting.

    So what would be the best way to proceed?

    I want to send them a letter stating that i have received no communication from them and send original appeal, the copy of the second that i sent via email and the auto reply that i received off them.

    I also want to highlight the points i would have raised with POPLA if i had the chance to appeal - that i forgot to mention in my original appeal as it was written in haste as the letter which they sent out was dated 20th October but franked mail stamp had the date of 24th October and i didnt receive it till 29th leaving me a couple of days to appeal to get the half price discount just incase.
    The points were that they didnt have the big sign on entry that they installed 3 months after my appeal and the lights in the car park dont work (Still dont work most of the time to this date) and since the incident occured at 10pm it was impossible to see them.

    The original appeal is very cr*p and basic was more of a rant and probably wouldnt even stand a chance anywhere, but the fact is that i put one in on time to get the half price so its only after actually taking time to look at the car park that i realised how poorly managed it was, which i thought i would appeal if they rejected it. When i received a demand for payment i didnt alter the appeal and sent it in original format apart from adding in big bold letters saying this is a copy of the one sent on 3rd November.
    But litterally they dont respond and now they even removed the email address from their website, so havent heard anything since then until now.

    I even contacted Gateshead Council for advice - that was as useless as i expected it to be.

    Thank you so much guys for all your help
    • IamEmanresu
    • By IamEmanresu 17th Oct 16, 9:58 AM
    • 976 Posts
    • 1,712 Thanks
    IamEmanresu
    • #9
    • 17th Oct 16, 9:58 AM
    • #9
    • 17th Oct 16, 9:58 AM
    but am not sure on denying any knowledge its sort of a catch 22 if i lie and say i dont know who was driving it they can somehow find the appeals and say but i have appealed it
    Most people do not have that sort of memory so it is quite acceptable to say "can neither confirm nor deny and I put the claimant to strict proof".

    It's for them to prove the case by producing the evidence - if there is any and if they have kept it. Most are not very good at admin and couldn't find the door without Exit over it.
    General Election coming up? Your MP worried about his/her job? Give them something to do and get them to sort out these parking cowboys. Search "Theyworkforyou" for the name of your MP.
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