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Private Parking Penalty Charge

MilgramsMate
Posts: 18 Forumite
Hi all,
A friend of mine received a Penalty Charge through the post from UK Parking Control. Apparently no ticket was issued at the time and she only found out about the "infringement" about two months after she parked in the bay in question. I understand the law of Private Penalties has changed recently, but will she have ground for appeal on the time elapsed since the incident?
Any advice would be great!:)
A friend of mine received a Penalty Charge through the post from UK Parking Control. Apparently no ticket was issued at the time and she only found out about the "infringement" about two months after she parked in the bay in question. I understand the law of Private Penalties has changed recently, but will she have ground for appeal on the time elapsed since the incident?
Any advice would be great!:)
0
Comments
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not a parking fine......can be ignored
no need to appealEx forum ambassador
Long term forum member0 -
Thanks Browntoa, but aren't these now enforcable under the Protection of Freedoms Act 2012?0
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MilgramsMate wrote: »Thanks Browntoa, but aren't these now enforcable under the Protection of Freedoms Act 2012?
No is the quick answer. All the act brought in is registered keeper liability. Before, if the PPC couldn't identify the driver they were not allowed to hold the keeper as liable - they can now.
It doesn't make the invoice any more legal or enforceable.0 -
not a parking fine......can be ignored
no need to appeal
Sorry but this is now incorrect advice
You should send an appeal to them, even if its only something very simple
I would appeal along the lines of.
"i do not believe you have the legal right to issue parking invoices" if you disagree with me then please issue me a Popla code to find out why.
Regards
Happy ParkerProud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0 -
kirkbyinfurnesslad wrote: »Sorry but this is now incorrect advice
You should send an appeal to them, even if its only something very simple
I would appeal along the lines of.
"i do not believe you have the legal right to issue parking invoices" if you disagree with me then please issue me a Popla code to find out why.
Regards
Happy Parker
Having re-read the OPs post I'd suggest the letter says something about not having issued the Notice to Driver within 14 days making the PCN invalid.0 -
MilgramsMate wrote: »Hi all,
A friend of mine received a Penalty Charge through the post from UK Parking Control. Apparently no ticket was issued at the time and she only found out about the "infringement" about two months after she parked in the bay in question. I understand the law of Private Penalties has changed recently, but will she have ground for appeal on the time elapsed since the incident?
Any advice would be great!:)
If this is the first Notice to Keeper (and it refers to an alleged PCN on the windscreen) the advice is to challenge it and you will find examples on loads of other threads around yours, here on page 1 of this forum, showing how to word such a challenge without saying who was driving.
In fact if this first letter is referring to an alleged windscreen PCN then UKPC should have sent this letter between day 29 and day 56 after the incident. Did they?
If it's the actual PCN itself with pics of the car driving in and out (and they are not saying there was a windscreen PCN) then they had 14 days to send it but it doesn't sound as if that's what you have described.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »If this is the first Notice to Keeper (and it refers to an alleged PCN on the windscreen) the advice is to challenge it and you will find examples on loads of other threads around yours, here on page 1 of this forum, showing how to word such a challenge without saying who was driving.
In fact if this first letter is referring to an alleged windscreen PCN then UKPC should have sent this letter between day 29 and day 56 after the incident. Did they?
If it's the actual PCN itself with pics of the car driving in and out (and they are not saying there was a windscreen PCN) then they had 14 days to send it but it doesn't sound as if that's what you have described.
It's not particularly clear but I read "Apparently no ticket was issued at the time" meaning that the letter ( 2 months later ) was the first notification therefore making the PCN invalid.0 -
we received something similar today. Basically a letter from Roxburghe debt collectors claiming my wife owes £160 having parked in an ANPR car park on 17/3/2013. They believe a parking charge notice was issued to her by EXCEL parking services and it hasnt been paid...The letter we received today was forwarded from the new couople in our old address. It is possible she did receive a letter a few months ago but it was just never forwarded on...
She updated her driving license and her registered car address with our new address last year (so she tells me, I will double check this)..so clearly they have old data. I should add that she thinks she remembers the day (it was in an unusual location and believes she had a ticket~)
Should we just ignore or engage Roxburghe/EXCEL?0 -
To make the timescales the PPC needs to adhere to clearer, I quote from Parking Cowboy
Schedule 4 of the POFA 2012, paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.
A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either
(Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
(Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
OP can determine if the timescale was adhered to.0 -
Hi I've just received an update regarding my friends claim.
Her appeal has been overturned by POPLA. Does anyone know if there is an appeals process especially as she only received a notice to keeper two months after the alledged infringement?
Although there is photographic evidence of a PCN on the windscreen of the car on that day, surely they'd need to send the notice by Recorded/Special delivery to prove that the notice was within the 56 day time frame as specified by schedule 4 of the POFA 2012 detailed by Guys Dad above?
she's now got 14 days to send £100!0
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