Parking charge notice

norwichtom

I received a parking charge notice, now im not disputing the car was parked where they said it was. I am however disputing the fact that i received a PCN 35 days after the alleged offence.

I replied to the parking company and said it was too late for them to issue me with this fine, they rejected my appeal saying:

1,They had not issued me with a notice to driver, they issued me with a notice to keeper. Inviting me to inform them who the driver was.
2, A notice to drive takes longer to issue as the keeper details must first be requested from DVLA please see schedule 4 of POFA schedule 8(5) or 9(5)
3, your vehicle was captured by CCTV.


Now am i wrong in interpreting Schedule 8(5) that it applies to 28 days after the 28 days from the notice to driver. Which as the PPC stated they had not issued me with, this does not apply.
Also Schedule 9(5) clearly states that when a vehicle is captured by CCTV they have to issue the PCN within 14 days, which again will not apply.

Now they have sent me a POPLA appeal form, but POPLA there are only 4 reasons i can appeal, which this situation does not fit into. Should i still appeal to POPLA with my understanding or am i completely wrong?

Umkomaas

norwichtom wrote: »

I received a parking charge notice, now im not disputing the car was parked where they said it was. I am however disputing the fact that i received a PCN 35 days after the alleged offence.

I replied to the parking company and said it was too late for them to issue me with this fine, they rejected my appeal saying:

1,They had not issued me with a notice to driver, they issued me with a notice to keeper. Inviting me to inform them who the driver was.
2, A notice to drive takes longer to issue as the keeper details must first be requested from DVLA please see schedule 4 of POFA schedule 8(5) or 9(5)
3, your vehicle was captured by CCTV.


Now am i wrong in interpreting Schedule 8(5) that it applies to 28 days after the 28 days from the notice to driver. Which as the PPC stated they had not issued me with, this does not apply.
Also Schedule 9(5) clearly states that when a vehicle is captured by CCTV they have to issue the PCN within 14 days, which again will not apply.

Now they have sent me a POPLA appeal form, but POPLA there are only 4 reasons i can appeal, which this situation does not fit into. Should i still appeal to POPLA with my understanding or am i completely wrong?

Which PPC was this please?

norwichtom

Norfolk Parking enforcement

The_Slithy_Tove

norwichtom wrote: »

2, A notice to drive takes longer to issue as the keeper details must first be requested from DVLA please see schedule 4 of POFA schedule 8(5) or 9(5)

Nice of them to point out the very line that says they should have sent the Notice to Keeper within 14 days of the parking event!

Just to be clear, was there ever a notice to driver, that being (normally) a ticket fixed to the windscreen?

norwichtom

The_Slithy_Tove wrote: »

Nice of them to point out the very line that says they should have sent the Notice to Keeper within 14 days of the parking event!

Just to be clear, was there ever a notice to driver, that being (normally) a ticket fixed to the windscreen?

Nope!! No ticket was left on my car!

The_Slithy_Tove

norwichtom wrote: »

Nope!! No ticket was left on my car!

In which case they have rejected your appeal by confirming the very points you made - bizarre. Did they give you a POPLA reference?

norwichtom

The_Slithy_Tove wrote: »

In which case they have rejected your appeal by confirming the very points you made - bizarre. Did they give you a POPLA reference?

Yes they did, but the fact they have not complied with POFA is not a ground to appeal to POPLA?

Umkomaas

norwichtom wrote: »

Yes they did, but the fact they have not complied with POFA is not a ground to appeal to POPLA?

It's but one of them!

Here's a post I placed on the forum earlier with a variety of examples of appeals to POPLA. The more you put the PPC to proof on a wide number of issues related to their ability to issue PCNs, the more likely the chances of success at POPLA. The PPC has to answer them all.

What doesn't win at POPLA is any form of 'hard luck' tale (mitigating circumstances), so don't waste any breath/keyboard time in writing anything on those lines.

http://forums.moneysavingexpert.com/showpost.php?p=61808935&postcount=2

So POPLA's your best option now for knocking this on the head soonest.

Draft out your appeal, using appropriate copy and pastes from the Examples, and post it up here for fine-tuning. Take your time to do the reading and researching to get a good understanding of what you are putting together. But be conscious of the timescale you have to get it to POPLA.

tepo

hello. Im new to this site and don't know how to start my won thread but I need a little help with a PCN I received from southwark council. It stated that 'parked in special enforcement area more than 50cm or other specified distance from the edge of the carriage way and not within a designated parking place'. this happened on a residential street on chandler way and I was on my way to church but nipped back in to get my bible. The problem I have is that no pictures were provided on the website and the colour of my vehicle on the PCN was wrong. I wrote an appeal and argued on those grounds. My appeal was rejected and they sent me a rejection letter with photos of the contravention. However as at today there are still no pictures on the website. Considering this is the case Can I contest the charge on technical grounds that no pictures where provided when the pcn was issued? Grateful for some help here

tepo

I tried to send a screenshot of the southwark website as it stands but as a newbie I am not allowed to

kirkbyinfurnesslad_2

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