odd address and dates

abersochparking

Hello all

I lease a car that was recently parked at Abersoch Gold club. The driver bought a ticket but over ran - so I've been sent a letter by parking eye.

A couple of things odd with it. It's come to my work address (DVLA don't hold this for the car - I've just checked). So they haven't got them from the DVLA. Recently I hadn't declared another car off road was fined and as I hadn't changed my licence address, missed the letter until passed to a debt agency. The debt agency found me at the work address. I phoned DVLA paid the fine and corrected the old home address to the new one. At no point did I give them the work address.

On top if this the 'event' was the XX/5 and the charge issued on the XX/5 - the newbie thread states it needs to be done in 14 days.

I was just about to send the first letter on the newbie thread and thought I should stop and check here first - anyone any ideas?

da_rule

Dates are a bit off, but that can just be another point of appeal. Send the template appeal.

You could contact the DVLA and request who they have revealed information about you to and what information they hold.

abersochparking

Should I mention the dates in that letter or just the standard one?

I have spoken to DVLA - they don't hold this data.

da_rule

You could include it, it can't hurt.

abersochparking

Sorry just been looking for ages - any idea under what rules they need to send within 14 days - I though I found a thread then lost it!

da_rule

Protection of Freedoms Act 2012, Schedule 4, Paragraph 9

abersochparking

Brilliant - thank you.

I'll let you know how I get on.

abersochparking

I'm going with the standard letter with these two bits added:

....
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass
4) The date of the event is stated by yourselves as XX/5/14 but you issued the charge on XX/05/14. Under the Protection of Freedoms Act 2012, Schedule 4, Paragraph 9 you have 14 days to issue this notice and failed.
5) You state in the letter that my information was obtained from DVLA. This is not correct. Please advise where you got this address. Which is a work rather than personal one.

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

.....

Do you reckon that will do it?

Redx

the charge is valid for up to 6 years , against the driver

to be compliant with POFA 2012 it has to arrive within 14 days if trying to hold the keeper responsible

so do not assume its invalid if it missed the 14 day deadline to get to the RK

its also NOT 14 days to issue the notice, its 14 days to get it to the RK (so by day 15)

meaning they cannot issue it on day 14 or later if they are using POFA 2012

abersochparking

The 'event' was on the xxnd and it was issued on the xxst - so well after the 14 days allowed?

Changed to

4) The date of the event is stated by yourselves as xx/14 but you issued the charge on xxx/14. Under the Protection of Freedoms Act 2012, Schedule 4, Paragraph 9 you have 14 days to get the notice to the keeper. You did not do this.

Redx

also bear in mind that PE have to get the postal PCN to the RK within those 14 days , but as you stated its a leased car then you are not the RK , the leasing company is

normally the RK (the lease company) should inform them of the keeper details (the hirer) which I assume is yourself (the BVRLA stated this in guidance to their members)

so its 14 days to get it to the person listed on the V5C , not to the eventual hirer or driver

this may not make any difference to your appeal , but I thought it worth pointing out seeing as you state its a leased car and this changes things which are explained in the NEWBIES thread

sometimes the leasing company names the driver or hirer and then they get a pcn in their own name , maybe this is what happened ?

ideally PE want the drivers details and then POFA 2012 isnt relevant anyway

dont forget the advice given here has to deal with various types of person , owner , registered keeper , keeper , hirer , driver