Peel Stockport

apeel

My last Peel Stockport visit!!

The false pcn references POFA 2012 Para 9 (2) (b)
The "contravention date" is early December
The "notice issue date" is mid January

Now Para 9 (5) of the law states
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.

I am not the registered keeper (lease car). I am named on the false pcn. How do I defend myself against an event 6 weeks ago. What are the notification time limits in this case?

kirkbyinfurnesslad_2

Start your own thread please

Crabman

Hi apeel and welcome to MSE :hello:

I've split this out into a new thread so all replies can be kept in one place

Redx

read through this thread https://forums.moneysavingexpert.com/discussion/4816822

Coupon-mad

I am not the registered keeper (lease car). I am named on the false pcn. How do I defend myself against an event 6 weeks ago. What are the notification time limits in this case?

See the FAQs advice sticky thread already linked by Redx. In your case the delay must be because the Lease co have named you as the driver - and good for them because that's the proper approach. That must have happened otherwise the PCN wouldn't have your name on it.

So you must now write an appeal as driver (if you were driving that day) as per the examples in the sticky thread for 'first appeals'. This is NOT about you defending yourself - it's about attacking their whole basis for the fake PCN, which is how you win at POPLA stage! You should include the fact the charge is not a 'genuine pre-estimate of loss' and the usual stuff about not being the landowner/not having the standing to pursue charges against drivers - which you'll read in the sticky thread and on every other thread here.

There is no notification time limit applicable now because they have written to you by name as driver do the deadlines under POFA2012 don't apply. But you will still win at POPLA stage with the right words, which is also covered in the 'NEWBIES' FAQs sticky thread.

apeel

All seems rather unfair - "guilty till proven innocent" - not the basis of English Law. In my case, I'm a regular user of this car park and always buy a ticket. With such a time delay, I no longer have a copy of the ticket to prove that I made a payment.

So you're saying that if you are not the registered keeper, there are no time limits - I could receive one of these things from 3 or 4 months ago.

It seems that the advice in future is always keep your receipts when using a car park that uses ANPR

Redx

its a "legalised" scam , yes , if that is what you are asking ?

its also been featured on watchdog on the tv and in court with the martin cutts case

Excel look at it as you broke the rules, here is your punishment

but this forum can help you beat them at popla and cost them money, providing you appeal in time once you have the NTK

and it may help if you kept the tickets too (but not always)

easier to park at tesco and walk !!!

https://forums.moneysavingexpert.com/discussion/4816822 explains what people need to fight these claims

there is a 6 year time limit on court claims

here is a soft appeal

Dear Excel,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter or supply a popla code to appeal to them.

Faithfully

Coupon-mad

apeel wrote: »

All seems rather unfair - "guilty till proven innocent" - not the basis of English Law. In my case, I'm a regular user of this car park and always buy a ticket. With such a time delay, I no longer have a copy of the ticket to prove that I made a payment.

So you're saying that if you are not the registered keeper, there are no time limits - I could receive one of these things from 3 or 4 months ago.

It seems that the advice in future is always keep your receipts when using a car park that uses ANPR

Yes but what we are saying is these are easily beaten at appeal and IT IS NOT ABOUT WHAT HAPPENED, SO NO-ONE HAS TO PROVE WHAT THE DRIVER DID! The appeal is written by the registered keeper about the legality of the charge, and you will then win if you use the right words (nothing about whether anyone parked/paid/displayed). So of course, please don't write this:

'I no longer have a copy of the ticket to prove that I made a payment.'