PCN - Registered keeper notification time expired

Flame17

Hi

I have read through the sticky thread and just want to clarify I'm doing the right thing before I reply to them.

This morning I received a parking charge notice from a private company who are registered. The offence took place on the 12th December and no ticket was issued, it was a ANPR.

I am the registered keeper but wasn't the driver at the time. I understand I have no legal obligation to identify the driver.

I was going to reply with the legal bit in para 9 about having to inform the registered keeper within 14 days, which they have failed to do.

There is no mention of POFA in the letter.

Is that the right course of action to start with?
Thnaks

pappa_golf

name of company , date of offence , and date of letter thru post ?


is the car registered to the address on the letter , and is it your car or a lease/hire/loan car?

Flame17

Company - Vehicle Control Services
Date of offence - 12/12/15
Letter issued - 24/12/15
Letter received - 30/12/15

Yes the car is registered to the address on the letter, it is my car but I wasn't the driver at the time of the offence.

Thanks

pappa_golf

well xmas is in your favour , letter posted 24/12 had no chance of reaching you by the 26th , as the 25th and 26th were bank holidays!


however VCS are IPC , so will not give a hoot , and VCS are not known to honour POFa2012 ,


standard reply to VCS , stating that the letter was not and could not be received within 14 days , but they will not give a t$%% ,

Castle

pappa_golf wrote: »

well xmas is in your favour , letter posted 24/12 had no chance of reaching you by the 26th , as the 25th and 26th were bank holidays!

As was the 28th; so the date of receipt is deemed to be the 30th!

Flame17

Shall I add that I wasn't the driver and I can prove it via medical note?

Redx

they wont care, you were told that already , these companies have even pursued "dead people" before now

you can defend it as keeper as long as you dont fall into the trap of naming the driver, which you seem to be doing already

better to hide behind the POFA2012 and dont indicate who was driving, then front it out for 6 years unless they try a court case

Flame17

Ok I was only asking! I was told they wouldn't give a hoot about me not receiving the letter in the specified time!

I won't name the driver.

Thank you for your help

pappa_golf

they will not give a hoot , however to comply with POFa2012 , they must issue the correct paperwork on time , or else chase the driver , the IAS will not back you up , however in a court , you speak the truth , the whole truth and nothing more ,


in a cases like this expect LOTS of junk mail and threats , do not name yourself and sit tight.


IF they issue court paper , not just threats , please return with update

Redx

Flame17 wrote: »

Ok I was only asking! I was told they wouldn't give a hoot about me not receiving the letter in the specified time!

I won't name the driver.

Thank you for your help

nope, they wont give a hoot about anything you say, not just the POFA2012 issue

they always assume that the RK is the driver and they plan out their 6 years of harassment accordingly

you were looking for a "get out of jail free card" and in so doing could make your situation worse

if you are not paying, then front it out, learn the ropes and settle down for the long haul (if they dont cancel at the first appeal)

if you can get the landowner to cancel the pcn, even better

we have seen hundreds or thousands of threads like yours, prankster blogs about it constantly, we have lobbied MP,s , signed petitions and crowd funded the Beavis case, so generally speaking if you have to ask, follow the advice in the replies , dont try to be clever as those people always slip up

good luck

Coupon-mad

Flame17 wrote: »

Company - Vehicle Control Services
Date of offence - 12/12/15
Letter issued - 24/12/15
Letter received - 30/12/15

Yes the car is registered to the address on the letter, it is my car but I wasn't the driver at the time of the offence.

Thanks

Pretty sure the NEWBIES thread still advises that a PPC does not have to follow the POFA and can use the old way, driver liability only. Loads of them don't follow the POFA, e.g.:

CP Plus, Excel, VCS, Smart, Civil Enforcement all make no attempt.

Compare notes with this poster who was also pointlessly poring over the POFA, yet VCS don't use it:

https://forums.moneysavingexpert.com/discussion/5384953

and ignore them, except in the unlikely event of a court claim.