PCN fine from Private Car Park.

Boodle_

Hi,

I was wondering if someone would please be able to offer me advice about two parking charge notices I have received from Parking Collection Services.

I received two 'Notice to Keeper' letters within a week of each other. Both notices were sent over a month after the parking incidents.

After receiving the first one I thought I could write back and have it waived as I had previously been told at the bank (that backs on to the carpark) that it would be fine to park there. I also stated that as it was so long ago, I am unable to know who was driving (however I believe this rule has changed and now the Keeper - if unable to name the driver - is liable?). Lastly I said that according to the Protection of Freedoms Act,[FONT=&quot][/FONT] I had received the Notice well out of the 14 day period.

___

They then replied and said that the 14 day period was not applicable as it was not pursued under the POFA and that,
"The site in question is reserved for authorised vehicles only. As the vehicle in question was not authorised to use this car park a Parking Charge Notice (PCN) was correctly and legitimately issued."

_____

I have not yet replied to this, nor have I replied (at all) to the second charge...

I would really appreciate if someone could tell me what my options are...

-Are there any laws about the time period as to which I received this notice?

I feel that it was too long ago for me to remember who was driving (the photo they enclosed does not help!).
That it is not fair as I was told by the bank it would be OK. And lastly that - had I received this notice earlier - I would have discovered the advice I received was wrong and avoided that parking area (and therefore my car would have avoided any further fines).

Hope someone can help me out with advice! Thanks in advance

zaax

http://forums.pepipoo.com/index.php?showforum=60

Boodle_

There just seems to be a lot of mixed messages about what to do. What I mainly want to know is whether a Notice to Keeper has to be sent within 14 days? Thanks!

Orrin

Boodle_ wrote: »

There just seems to be a lot of mixed messages about what to do. What I mainly want to know is whether a Notice to Keeper has to be sent within 14 days? Thanks!

If they put a ticket on your windscreen at the time (a Notice to Driver) then the Notice to Keeper should come between 28 and 56 days later.

If there was no NTD at the time (in the case of an ANPR controlled car park for example) then the time limit for the NTK is 14 days.

Boodle_

Excellent - that was what I was after! Thanks heaps

Coupon-mad

Did you find out what to do next? I am concerned you've just gone away?!

You were given page one of the pepipoo parking forum, and you can also read any thread on page one here on the the MSE parking forum. Yet you thought pepipoo was 'mixed messages'? How so? Why did you not find what to do in order to get these cancelled seeing as every thread covers it (except those about small claims court cases).

All threads tell people to challenge and then win at POPLA.

You only need a POPLA code for each one and then come back here and (in the meantime) please research on the forums (here and pepipoo) about how to win at POPLA. There are so many resources if you would just read some threads, including those pepipoo ones you dismissed. EVERY case is the same as yours.

Boodle_

Coupon-mad wrote: »

Did you find out what to do next? I am concerned you've just gone away?!

You were given page one of the pepipoo parking forum, and you can also read any thread on page one here on the the MSE parking forum. Yet you thought pepipoo was 'mixed messages'? How so? Why did you not find what to do in order to get these cancelled seeing as every thread covers it (except those about small claims court cases).

All threads tell people to challenge and then win at POPLA.

You only need a POPLA code for each one and then come back here and (in the meantime) please research on the forums (here and pepipoo) about how to win at POPLA. There are so many resources if you would just read some threads, including those pepipoo ones you dismissed. EVERY case is the same as yours.

Hi Coupon-mad,

Yes, I did look through a lot of the posts on numerous websites. However, I was trying to find out something specific (the 14 day time period thing) that Orrin kindly answered. I wanted to know as I had been told something different by the parking company. I then continued to fight the parking fine (I just wanted to check that what I had read in the POFA was correct as the parking company was telling me it wasn't issued under that and therefore I didn't have that right).

Now I am fighting a new battle (and therefore have a new post :P) as the parking company told me that as it was not issued under the POFA I cannot appeal to POPLA.

So now I'm just waiting to see what happens next..

Guys_Dad

Obvious question not clear from your thread.

How did they get your name and address if not under POFA?

Boodle_

I know! They said that they weren't using the POFA, but must have said that they would abide by the rules of it to obtain my details as the vehicles keeper.

I haven't heard anything else from them yet...

The_Slithy_Tove

The DVLA has, rather sneakily, allowed non-POFA parking charges to be pursued by still allowing access to the DVLA database. So forget 14 day and 28 day time limits, that applies to POFA only. They can still pursue under the "old rules".

However, the "old rules" mean they can pursue the driver only. It seems like you have not divulged who that is so far (please confirm if this is the case). If so, they do not know who to pursue.

Doesn't stop you appealing and then on to POPLA if you haven't time out on the appeal period. But appeal as the keeper, not as the driver.

Boodle_

Ahh ok, grr! I actually don't know who the driver would have been because they sent it to me about a month after the event.

They also told me that I couldn't apply to POPLA (as it was not issued under the POFA) which I think is rubbish. So, apart from me emailing asking for a reference so I can refer it to POPLA, and then saying that I can't, we've had no further communication!