Notice to keeper recieved

p-rab

Hi Im new to the forum. I have received a PCN on my windscreen for parking with no permit late at night in an industrial estate. I seek advice on appealing the charge.

I have read the 'newbie' thread so I'm assuming my reasons for appeal would be:

1. PCN 'offence' on 21/11/13 and NTK received(recieved in post 20/01/14) dated 17/01/14 making it a day later than '56 days from the offence'

2. No genuine proof of loss

Please can someone confirm these points?

I can provide a copy of the NTK and PCN but as a new user I'm not allowed to post links. Thanks in advance.

HO87

Hi p-rab

Firstly, so we can tailor our advice more specifically can you tell us which company issued the PCN?

Secondly, the critical date in terms of the Notice to Keeper is not the date that it was sent but the day on which it was received by you. That means that it was "delivered" (using the wording of the Protection of Freedoms Act) on Day 60. The Act requires that it is delivered to you within 56 days and that was always going to be impossible given that the letter was not dated until Day 57. Short of a trip in the TARDIS it was destined to arrive out-of-time.

However, that is something of a sideshow.

Thirdly, the basis of your appeal to the company will almost certainly be (dependant on the company involved - some use a slightly different approach and so the appeal needs to be adjusted) based on the following points:

1. That the charge being levied is an unenforceable penalty.
2. That it does not represent a genuine pre-estimate of loss.
3. That the company concerned does not have sufficient interest in the land to levy charges or, ultimately, to issue proceedings in its own name.
4. That the signage was deficient and failed to convey an offer to contract and in any event did not conform to the requirements of the British Parking Association Approved Operator Scheme Code of Practice.

HTH

p-rab

Hi thanks for the informative reply. The company involved is N P E. NORF OLK PAR KING ENFORCEMENT LTD.

I couldn't find the bit of legislation that concerns the time limit so that concerns me.

I will look for an appropriate example of an appeal letter this evening.

Thanks again

HO87

The relevant section is para.8(5) Schedule 4, Protection of Freedoms Act 2012. That is not critical to your appeal to the PPC though.

As for a suggested appeal, try this:

Dear Sirs

Re Parking Charge Notice No. XXXXXXXXX

I wish to appeal the issue of the above notice issued by yourselves on <date>.

1. It is my case that the charge you are attempting to levy is an unenforceable penalty and that it does not represent a genuine pre-estimate of the loss either you or the landowner may have suffered.
2. Further, it is my case that you have no interest or alternatively have insufficient interest in the land in question to be able to contract with motorists or to levy charges or ultimately issue proceedings in your name.
3. That the signage deployed by you is deficient, does not convey a contract and in any event does not comply with the requirements of the British Parking Association Approved Operator Scheme Code of Practice.

In relation to point 1 you will be well aware that POPLA has upheld all appeals based on this point and there is no prospect of your charge being upheld. I therefore invite you to cancel the charge forthwith. If you do reject the challenge and insist upon taking the matter further I must inform you that I will claim my expenses from you and my time at the court approved rate of £18 per hour. 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.

If you do not reject this appeal I require that you issue a POPLA code within 35 days or I will consider the matter closed.

Yours faithfully

p-rab

HTH

Coupon-mad

p-rab wrote: »

Hi thanks for the informative reply. The company involved is N P E. NORF OLK PAR KING ENFORCEMENT LTD.

I couldn't find the bit of legislation that concerns the time limit so that concerns me.

I will look for an appropriate example of an appeal letter this evening.

Thanks again

It's linked in the Newbies thread - POFA 2012.

Paragraph 8 or 9 depending on whether there was ever a windscreen ticket. Paragraph 9 if no windscreen ticket.