PCN from Civil Enforcement..

Marc_Marcus

Have just received a Parking Charge Notice from Civil Enforcement and obviously wish to challenge it but could do with a bit of guidance.

Briefly..

My van is still registered in my old limited company name, one that I asked to be struck off about 3 years ago. The PCN is addressed to that defunct business. [I bought the van for 750 quid from the finance company after the company ceased trading but have never got round to changing the registered keeper]

My current business is a new limited company and on the day in question I was making a delivery to the small supermarket behind which is the car park that I stayed in for 63 mins and 37 seconds - most of which I spent standing next to my vehicle in discussion with a colleague. He arrived before me and we left together but he has had no PCN!!

Advice seems to be to appeal rather than ignore the PCN but is that still the case if the PCN is not addressed to me? Does the fact that I was making a delivery and can produce the relevant paperwork make any difference.

Any thoughts would help. Normally I pay fines without a second thought but this is the first I have had from a private outfit.

Coupon-mad

This is not a real fine so never pay one of these. The advice now is to challenge a fake PCN when you get the first letter, which you have received even though the company name is no more.

Can you tell us first if the fake PCN arrived within 14 days of the incident or not, and are they suggesting you overstayed in a free car park or should have paid/displayed in one with machines? This will affect how we suggest you word the challenge (which will be in your name but without actually identifying who was driving).

Marc_Marcus

Thank you. The PCN arrived 9 days after the incident. It simply says..

"On 18/06/2013 the above vehicle which was parked at 627 Holloway Rd from 13.44 to 14.48

We therefore require payment of this Parking Charge Notice, in accordance with the Parking Terms and Conditions clearly stated on the signage:
Payment not made in accordance with terms displayed on signage."

That is it. I failed to comply but am not told in what respect.

Guys_Dad

Which Holloway Road, because the London one is a Red Route and not private?

Coupon-mad

You need to send a soft challenge, that's what happens next, as advised in the pepipoo thread below with examples. DO NOT IGNORE IT.

http://forums.pepipoo.com/index.php?...st=20&start=20


HTH

Marc_Marcus

Well I challenged the PCN by recorded delivery just before the deadline. I did state that I was delivering to the supermarket and enclosed a copy of the invoice raised.

Yesterday I was shocked to receive a letter from Civil Enforcement Ltd which confirmed that the PCN had been cancelled. RESULT.

Thanks for the advice chaps..

Coupon-mad

Well done!! :T

Marc_Marcus

Just got another one this time at a Scarborough supermarket but same circumstances otherwise. Will write to them as before. Only query is there was 18 days between the "offence" and the PCN. Is that too long and worthy of mention?

Guys_Dad

Yes. Ticket on windscreen or not?

Either, they have boobed, but makes a difference as to what you write to them.

Marc_Marcus

Nothing on windscreen. Signage displayed in car park but was working in the store and was there as long as the job took.

Coupon-mad

Yep it is too long for them to send that NTK. Here's a suitably amended version of a letter Guy's Dad created earlier for someone:


Dear Sirs,

Your ref etc..........

I am the registered keeper of the above vehicle and I am challenging your Parking charge on the following grounds:

You are pursuing me as the keeper of the vehicle which can only be under POFA12 legislation. This renders the keeper potentially liable to being pursued for charges if they fail to inform you of who the driver was at the time of the alleged contravention.

However, the Protection of Freedoms Act 2012 is absolutely specific about the time scale that you MUST follow when issuing a notice to owner/keeper. I refer you to the relevant section:

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(4)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 14 days beginning with the day after that on which the specified period of parking ended.

(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 time scale in this case was as follows.

The alleged incident was on xx/xx/13 and the date of the so-called Notice to Keeper was xx/xx/13 and was not deemed served until 2 working days after posting.

Clearly this exceeded the times defined in POFA12 and, therefore, your right to pursue me as registered keeper has been lost, and I am not required to disclose who the driver was. In fact I have complained about your non-compliance to the BPA and DVLA, so you may be hearing from them soon about this ticket.

For your information the driver was a customer of the Supermarket and so I would contend that neither you nor the Supermarket has suffered any loss whatsoever. If you do not agree to cancel this ticket I require a POPLA code without further delay.

yours,

PRINT NAME BUT NO NEED TO SHOW THEM YOUR REAL SIGNATURE!



Complaint emails to BPA and DVLA like on here:

https://forums.moneysavingexpert.com/discussion/comment/62837083#Comment_62837083

A real fight-back when you report them like that as well as appealing. If they should reject then you know to come back here and read up on POPLA appeal wording?