28 days? 14 days? etc.

Notters_the_seagull

I've seen it mentioned on here several times that if a NtK isn't received within 14 days of an "offence" then it isn't valid.

On the Guardian website it says: "Check that any Notice to the Registered Keeper was sent out more than 28 days after the parking ticket was issued. If it was sent earlier then the parking company cannot sue the registered keeper for any alleged parking charges. If the parking company requested that the DVLA provide the name and address of the registered keeper earlier than 28 days after issuing a ticket, it cannot sue the registered keeper. It also may be a breach of the Data Protection Act, for which the DVLA may be liable."

guardian.co.uk/money/2013/apr/18/how-challenge-parking-ticket?INTCMP=SRCH

Surely these can't both be true? Which is it?

bazster

Actually they can both be true, as there are two different scenarios.

1. Notice attached to car.

The company must wait 28 days for the driver to respond. If the driver doesn't respond within 28 days, the company must then send a notice to the keeper within the next 28 days.

2. No Notice attached to car (e.g. ANPR camera used)

The company must send a notice to the keeper within 14 days.

Notters_the_seagull

Interesting. I had a council, rather than a private parking ticket, several years ago and I wrote them an apologetic letter with mitigating circumstances, etc. and they let me off with "so long as you don't do it again" sort of thing, which I thought was fair enough. But in that instance, they said they'd stuck a notice to my windscreen, but I never saw one and only got a notice through the post. Does that happen much?

bazster

Notters_the_seagull wrote: »

Interesting. I had a council, rather than a private parking ticket, several years ago and I wrote them an apologetic letter with mitigating circumstances, etc. and they let me off with "so long as you don't do it again" sort of thing, which I thought was fair enough. But in that instance, they said they'd stuck a notice to my windscreen, but I never saw one and only got a notice through the post. Does that happen much?

No idea, I haven't had a council ticket for about 30 years (well, they were police tix back then).

I believe council adjudicators are much fairer than the scoundrels in the private so-called industry. I've heard of cases where people have appealed and the ticket has been quashed for reasons which weren't even in the appeal, which is why it's always worth appealing a council ticket even if you do believe they've got you bang-to-rights. You will not get that from POPLA, if you don't raise it they will not consider it, even if it's blindingly obvious that the charge is bogus.