Outside 56 days?

MattOsprey

Hi all,

Firstly I would like to explain that I have read the newbies thread before starting my own post, but I think I have missed a couple of points that I would like clarifying. Thanks.

I received a PCN on 31st August 2013 on my windscreen at a local Uni car park. Had a bit of a run in with the guys as the machine for the tickets had a cover over it and wasn't clear that there was another machine in the distance. I forgot to put my Blue Badge out even though it wasn't a disabled bay.

On the 10th of November my wife (The RK) received a Charge Notice reminder dated 6th November 2013.

Now without going into the rights and wrongs of what happened, am I right in saying it is not enforceable as the first letter after the windscreen notice was sent 67 days after the PCN?

My wife has now received a letter from Debt Recovery Plus with a demand. As I had followed old advice and ignored the charge notice I am a bit confused as to what to do next.

Do I contact TPS and tell them they have responded to slowly for their claim to be valid? Do I give this info too the debt recovery company? Or do I contact someone else who can put a stop to this?

Thanks for any help.

Matthew

Coupon-mad

Do I contact TPS and tell them they have responded to slowly for their claim to be valid?


Do I give this info too the debt recovery company?


Or do I contact someone else who can put a stop to this?

Yes to all three - the third (and fourth) places to copy into the complaint would be the BPA and DVLA, written by the registered keeper of course telling them about this fatally late Notice, the first she knew of it, and asking them to investigate. BPA and DVLA email addies in the NEWBIES sticky.

Was this CPP/Liberty?

MattOsprey

Thanks for your advice. It was Total Parking Solutions followed by Debt Recovery Plus.
Should I ring them or email?
Thanks.
Matthew

Guys_Dad

You need to be clear about what being timed out means.

It is still enforceable against the driver but not the keeper if they were different people. In other words, they may decide to keep on with their action. That means they can still pursue you as the driver for the charge, but will have some difficulty in proving who was driving and, unless they can do that, they are liable to fail in any action they may take.

Obviously you are slightly wrong-footed as, if their operatives had a discussion with you, they could be witnesses to the fact it was you driving, but the PPC still have all the rigmarole to go through in any "normal" case such as authority and GPEOL, as well as disability discrimination etc.

Redx

MattOsprey wrote: »

Hi all,

Firstly I would like to explain that I have read the newbies thread before starting my own post, but I think I have missed a couple of points that I would like clarifying. Thanks.

I received a PCN on 31st August 2013 on my windscreen at a local Uni car park. Had a bit of a run in with the guys as the machine for the tickets had a cover over it and wasn't clear that there was another machine in the distance. I forgot to put my Blue Badge out even though it wasn't a disabled bay.

On the 10th of November my wife (The RK) received a Charge Notice reminder dated 6th November 2013.

Now without going into the rights and wrongs of what happened, am I right in saying it is not enforceable as the first letter after the windscreen notice was sent 67 days after the PCN?

My wife has now received a letter from Debt Recovery Plus with a demand.

As I had followed old advice and ignored the charge notice

I am a bit confused as to what to do next.

Do I contact TPS and tell them they have responded to slowly for their claim to be valid?

Do I give this info too the debt recovery company?

Or do I contact someone else who can put a stop to this?

Thanks for any help.

Matthew

just to add to guys-dad`s post , and to correct what I think are errors in your post and your thinking

YOU did not get a postal NTK pcn , your wife did (as RK)

YOU did not ignore it , your wife did (as RK)

YOU do not respond , your wife (the RK) does

YOU do not figure in any of this because YOU were the driver but they dont know that !! (YOU do not want them to know this either, at this stage)

its important that YOU learn this distinction and dont fall into the trap of implying that YOU were the driver , or that YOU received any of these letters because YOU didnt, your wife as RK did and still is

I believe they have up to 6 years to pursue the driver as the alleged trespasser

the point about those 56 day rules etc is what happens to the RK under POFA 2012 (or cannot happen if they do not conform to the pofa rules). so do not think the charge is now unenforceable, because it still is enforceable , but only against the driver !

hope that helps too

4consumerrights

If the letter the RK received mentions POFA and pursuance of the registered keeper then it is out of time - so if this is the case then as per coupons advice above, complain to the TPS, DRP, the DVLA and BPA writing as the registered keeper.

However, if it does not mention that then only the driver can be made liable if known.

Can you confirm the wording on the letter addressed to the RK?

MattOsprey

I will repost taking out the location and time as recommended by 4consumerrights below.

4consumerrights

@MattOsprey - edit that immediately as you are identifying your self by leaving location and timing in!

IMO It is a rather crafty one inferring keeper liability but does not state that so they can go fish for the driver! they are even trying to trick you by stating the RK has named you as driver!

MattOsprey

With thanks to 4consumerrights I am reposting the photo with the recommended redaction.
I apologise but even though it shows the redaction in my account, it still shows the full original here. I will give it a while and retry.
Thanks.
Matthew

MattOsprey

Just emailed it to myself and it is properly deleted. Can anyone confirm this please?http://i1294.photobucket.com/albums/b606/MattOsprey/photo30_zpsc0fda19b.jpg

4consumerrights

No location and date etc are still showing - just cover them up with a bit of paper before posting.

It is not really necessary to repost now anyway as they are not stating keeper liability on it - circumventing POFA requirements.