Parking Charge Notice at University Halls of Residence.

susanann_2

ColliesCarer wrote: »

Request him to check the location for ANPR cameras.

In the absence of those, I believe I'm correct in saying, that a windscreen ticket must be issued by the PPC.

I have asked him to check if there are cameras and where they are. The way the photo evidence has been taken it has been done by somebody on foot.
If they are not supposed to issue a PCN until after 29days from date of the ticket surely the PCN showing date of event 31/3/2015 and date of notice 2/4/2015 is then in breach of these rules.

Redx

susanann wrote: »

I have asked him to check if there are cameras and where they are. The way the photo evidence has been taken it has been done by somebody on foot.
If they are not supposed to issue a PCN until after 29days from date of the ticket surely the PCN showing date of event 31/3/2015 and date of notice 2/4/2015 is then in breach of these rules.

if that second date was may and not april I could understand the timeline better

ie date of event 31/3/2015 and date of notice 2/5/2015 as it would make more sense as I otherwise fail to see why its taken weeks for you to ask us about it

plus you said "the other day" when in fact it was in march

susanann_2

Redx wrote: »

if that second date was may and not april I could understand the timeline better

ie date of event 31/3/2015 and date of notice 2/5/2015 as it would make more sense as I otherwise fail to see why its taken weeks for you to ask us about it

plus you said "the other day" when in fact it was in march

Dates on Notice to owner/keeper are definitely 31/3/15 date of event and date of notice to owner/keeper is 2/4/15. The reason I have asked late is because my sons thought it was better to just ignore it until I read this forum. So we are past the time to appeal but people on here have said to still appeal and the fact about the dates they should have waited 29 days to send it.

enfield_freddy

New Generation Parking Management are not listed as having ANPR capability with the DVLA , I think it might be prudent to ask the DVLA "who" asked for your info and on what date.


because the dates you suggest are not in keeping with a company that is only listed as having the ability to issue tickets via themselves or by "self ticket" (uni staff/security)


without an answer to the above it does not make sense to ticket on a Tuesday , obtain info print out letter and post so that its received on a Thursday

ColliesCarer

susanann wrote: »

I have asked him to check if there are cameras and where they are. The way the photo evidence has been taken it has been done by somebody on foot.
If they are not supposed to issue a PCN until after 29days from date of the ticket surely the PCN showing date of event 31/3/2015 and date of notice 2/4/2015 is then in breach of these rules.

There are two scenarios where they wouldn't be breaching the rules
1/ windscreen notice was issued - Ntk should only arrive after day 29 and before day 57 counting from date of incident

2/ windscreen notice wasn't issued - NtK should arrive by day 15

But in scenario 2 there must also be ANPR cameras for it to be ok.

I know, you believe a windscreen notice was issued but it's not available

So if there are no ANPR cameras then in addition to those in the template appeal you have two appeal challenges that can be raised with them
Either
a) they are not allowed to send postal notices without having first issued an NtK as this is in breach of their contract with the DVLA (KADOE contract) (and you don't need to be able to prove whether there was a windscreen notice).
OR
b) they did issue a windscreen notice in which case they have sent out a Ntk too soon to be able to comply with POFA 2012 Schedule 4

Either way the Ntk is not valid and there is no keeper liability

Or as Redx has pointed out - there is a mix up in the dates and you are still within the time to do a standard appeal

ColliesCarer

Sorry hadn't seen yours or Enfield Freddy's response when I sent the above response

As they are not registered for ANPR capability as E-F discovered (Thanks Freddy) then

For PCN A the Registered Keeper should send the 1st appeal template letter but modified as follows for point d)

"d) Your Notice to keeper was dated only two days after the alleged parking incident. As you are not registered for ANPR capability with the DVLA then you have either
a) sent a postal notice without having first issued a windscreen notice in breach of your KADOE contract with the DVLA which will be reported to them
OR
b) you issued a windscreen notice on 31/3/2015 but have failed to comply with POFA 2012 Schedule 4 paragraph 8 by issuing a postal notice to keeper dated 2/4/2015. In addition you have accessed my keeper details without reasonable cause in order to be able to send me the notice so soon and in breach of POFA 2012 Schedule 4 conditions.
Either way your notice is invalid and you have failed to establish any keeper liability for this charge."

You could also take out the ranty paragraph following point e)

susanann_2

Just checked with my son we actually have another PCN notice to owner/keeper. Think he was to scared to tell me there are two of them I am about to strangle him kids unbelievable. Sorry everyone this one is date of event 1/4/15 date of notice 5/5/15 which does comply I think with them waiting the 29 days to send the PCN. This is the following day to the other one. He is insisting that only one ticket on the car, never two. So the ticket must be for this newer one as they waited the 29 days and the other one with the date of event 31/3/15 and date of notice 2/4/15 did not have a ticket at all. If no ticket is issued am I right they have to send that within 15 days of the date of offence.

enfield_freddy

am I right they have to send that within 15 days of the date of offence.


well yes , but what happens if someone removed the ticket?


so no they do not and cannot (not ANPR registered) issue a ticket in less than 15 days

susanann_2

enfield_freddy wrote: »

am I right they have to send that within 15 days of the date of offence.


well yes , but what happens if someone removed the ticket?


so no they do not and cannot (not ANPR registered) issue a ticket in less than 15 days

Oh my goodness I am so confused now. Two tickets as well now unbelievable. It does say on their website they have this ANPR thing but have I understood you correctly it has to be registered with DVLA from them to use it.

ColliesCarer

See my post #27 above - this company are not allowed to send postal notices without having first issued a windscreen notice - so your last question doesn't apply.

Ok - are there definitely two different PCN numbers for the same location?

If so lets call 31/3/15 (dated 2/4/15) PCN A and
1/4/15 (dated 5/5/15) PCN B.

See my post #27 for PCN A

Send 1st appeal template as is (ranty para removed if you wish) for PCN B.

Both from the registered keeper - do not divulge the driver