Can I appeal > 28 days from ticket issue?

misspenfold

nigelbb wrote: »

They are telling the truth when they say "This information is completely incorrect.":)

They can buy the driver details from the DVLA whenever they like but if they want to attempt to hold the keeper responsible for any unpaid parking charges then they must abide by the timescales described in POFA 2012 & that is where a Notice To Driver is left on the car that a Notice To Keeper must be sent not earlier than 28 days nor later than 56 days after the parking event (not when they get the data from the DVLA). Days are counted from the day after the parking event. Here is the relevant extract from POFA 2012

Sorry for butting in here, but the POFA extract you have quoted intrigues me. "so that it is delivered to that address within the relevent period". Does that mean the NTK needs to reach me by the 56 days, or be issued by the 56 days? I have just received mine which was issued 57 days after event (although you are saying the period begins the day after which would mean they sent it out bang on time), but obviously if they sent it out on the 56th day I could not receive it until after.

I am sorry even I think what I said doesn't make sense.

Guys_Dad

misspenfold wrote: »

Sorry for butting in here, but the POFA extract you have quoted intrigues me. "so that it is delivered to that address within the relevent period". Does that mean the NTK needs to reach me by the 56 days, or be issued by the 56 days? I have just received mine which was issued 57 days after event (although you are saying the period begins the day after which would mean they sent it out bang on time), but obviously if they sent it out on the 56th day I could not receive it until after.

I am sorry even I think what I said doesn't make sense.

The notice must be given by:
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) 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

The above in bold should help you.

What is the date of the NTK that you received? Also remember that the first 28 days starts on the day after you were initially ticketed.

I would not be surprised if they were running it to the limit just to provoke people further.

Stroma

It must reach you by day 56 after the ticket starting the day after the notice to driver, so day 57 in effect, here is what pofa 2012 says about i

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

Guys_Dad

Stroma wrote: »

It must reach you by day 56 after the ticket starting the day after the notice to keeper, so day 57 in effect, here is what pofa 2012 says about i

But you need the following paragraph 6 for a complete picture as it could be less than that if day 28 was a Saturday, Sunday or Bank Holiday.

misspenfold

nigelbb wrote: »

They are telling the truth when they say "This information is completely incorrect.":)

They can buy the driver details from the DVLA whenever they like but if they want to attempt to hold the keeper responsible for any unpaid parking charges then they must abide by the timescales described in POFA 2012 & that is where a Notice To Driver is left on the car that a Notice To Keeper must be sent not earlier than 28 days nor later than 56 days after the parking event (not when they get the data from the DVLA). Days are counted from the day after the parking event. Here is the relevant extract from POFA 2012

Hmm. Well event contravention occurred on May 1st, and the NTK was issued on June 27th. Arrived today. June 27th was a Thursday, by my maths may 1st to june 27th is 57 days but delivered today which is 59 days (or 58 as the 56 day period starts the day after). Does this mean I can tell them "Too late. sod off", or should I still go through the appeals route just with this as ammunition?

Surely if they sent in on day 56 I could not possibly have received it within the relevant time period?

Stroma

They have timed out then, it must reach you as I said above 57 days after NtD on your car, day 59 means to late, ensure you keep the envelope as well as the letter inside.

bazster

misspenfold wrote: »

Hmm. Well event contravention occurred on May 1st, and the NTK was issued on June 27th. Arrived today. June 27th was a Thursday, by my maths may 1st to june 27th is 57 days but delivered today which is 59 days (or 58 as the 56 day period starts the day after). Does this mean I can tell them "Too late. sod off", or should I still go through the appeals route just with this as ammunition?

Surely if they sent in on day 56 I could not possibly have received it within the relevant time period?

Event occurred May 1st. Initial 28-day period (waiting for driver to respond) begins May 2nd and ends May 29th. Second 28-day period (for them to send notice to keeper) begins May 30th and ends June 26th (get a calendar and count the days!).

But, it has to be given (i.e. delivered) within the specified period, not merely sent. The Act presumes two working days for delivery, so to be "in time" the notice would've had to be sent on 24th June at the latest.

They are comfortably "out of time".

Guys_Dad

misspenfold wrote: »

Hmm. Well event contravention occurred on May 1st, and the NTK was issued on June 27th. Arrived today. June 27th was a Thursday, by my maths may 1st to june 27th is 57 days but delivered today which is 59 days (or 58 as the 56 day period starts the day after). Does this mean I can tell them "Too late. sod off", or should I still go through the appeals route just with this as ammunition?

Surely if they sent in on day 56 I could not possibly have received it within the relevant time period?

No, for POFA purposes, you don't count Saturdays or Sundays, so it actually officially arrived Monday for the calculation purposes, making it 60 days. Even better.

habeale

Just one more thing. NPE have told me that I can't appeal to POPLA as I'm out of time. Does POPLAs 28 day appeal period start from date of offence or the date of the Notice to Keeper was sent? It's not clear on their website.

Umkomaas

habeale wrote: »

Just one more thing. NPE have told me that I can't appeal to POPLA as I'm out of time. Does POPLAs 28 day appeal period start from date of offence or the date of the Notice to Keeper was sent? It's not clear on their website.

The latter.

They just seem to make up all this stuff as they go along. How many people have been deceived this way?

By the way - whose website are you taking advice from? Take a good read of PoFA Sched 4. Takes a bit of initial getting your head around, but once you've 'got it' you're fully 'in the know'. You really can't honestly expect knuckle draggers to be able to understand words greater than one syllable in length. Bless :rotfl:

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted