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meaning of "given"
Charles1968
Posts: 94 Forumite
I'm wondering if anyone can give me a legal definition of "given" in the following context. From POFA 2012:
" at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given"
If the notice to keeper is sent by post, is the date on which the notice is given the date of receipt or the date printed on the letter, which is earlier?
" at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given"
If the notice to keeper is sent by post, is the date on which the notice is given the date of receipt or the date printed on the letter, which is earlier?
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Comments
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Which section is that in relation to? (Context can be important).0
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The letter if sent must be with you on day 14, which means it should be posted by day 12 to ensure that. I believe there is an extra day if the parking incident is on the weekend. You look at the date of the NtK and date on the envelope for postage.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
Thanks. The context would be my appeal against a notice to keeper. I believe I have 28 days from the date the notice was "given", according to POFA 2012, but the notice was posted. The date on the letter (a Saturday, curiously) is 6 days before the date I received it.
I've looked into this and found a para on parkingcowboys saying that the law assumes a letter is received two working days after the date printed on it, unless proved otherwise.0 -
Before you do anything, who is the parking company? And was this in England or Wales ? ThanksWhen posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
It was P4parking in England.0
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Okay, have you appealed to them yet? If not do so but keep the appeal in the third person, so as the registered keeper, don't admit to driving. If you are at the popla stage please post up what you are intending to appeal with as you don't just use one point.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
Yes, I appealed. Will update when I have more info and if it goes to POPLA.0
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It only go to popla if you are given the 10 digit code and you use it, don't miss the opportunity to get shot of this. We can help with that by the way.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
What if they don't give me a POPLA code? If I don't identify the driver and their notice to keeper is not POFA compliant, are they still able to take legal action ?0
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The parking company hasn't acknowledged receipt of my appeal by e-mail and it's too late to send a letter by special delivery as it won't be within the 28 day period following "giving" of the notice to keeper.
Presumably this means they can claim I haven't appealed. My understanding is that since their notice to keeper wasn't compliant with POFA, this shouldn't matter as they can't pursue the keeper. Am I wrong??
Should I send the hard copy of appeal by special delivery anyway, even though it will arrive late?0
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