PCN Notification timeframe Parking eye.

Lmv250_2

Hello all

Could anybody kindly clarify the position concerning grounds for appeal on the basis of late receipt of a PCN from PE.

Like others the RK has fallen foul of overstaying time as was delayed on exit and arrival in the car park. The rk had purchased a 3 hour ticket but vehicle number plate recognition clocked them at 3hours 13 minutes. The rk was not aware of any offence until a PCN arrived in the post dated 30/04/16 for parking on 12/04/16. Of course they didn't know that they had "not complied by the terms and conditions " as the signage was not clear.

I have read the following extract from your newbie advice:

Look for omissions in wording or late arrival of the NTK and include those points in your appeal because as the registered keeper you can argue 'no keeper liability' if the PPC have not followed the requirements for a NTK. However that does not make the ticket 'illegal' it just demotes it to one which is issued under 'old rules and is only potentially aimed at an - unidentified of course! - driver.

Is it sufficient to appeal on the grounds that the ticket was not issued per the POFA guidance below.?

6.2 Where a contravention is detected remotely (such as by cameras), the landholder may request registered keeper data from the DVLA immediately and must write to the registered keeper within 14 days seeking details of the driver or payment of the parking charges.

Thanks.

pappa_golf

grace periods , read up on the BPA guidelines , also the cameras were at the entrance/exit point , not set to watch you place money in a machine , driving around looking for a space is not parking


you state the NTK was late , was it a lease/hire type car?

Fruitcake

Simply start with the BPA appeal template from the NEWBIES thread. It is designed in such a way that you won't give away the driver's identity. You could add that the NTK is non POFA 2012 compliant as it did not arrive within 14 days starting from the day after the alleged event if you wish, but you have to be careful not to say, me, myself, or give away driver's details.

You have already done so in your original post so I suggest you edit it to say things like, the driver bought a ticket but was held up as a practice in how not to give away a valuable appeal point.

Lmv250_2

Hello...thank you for your swift response.

No the car is owned not leased.

Lmv250_2

Thank you for guidance.

I had looked regarding other factors such as grace periods / poor signage. I just wasn't sure if they needed to be included as wondered if the appeal would win in the first instance as the POFA guidelines were not followed.

pappa_golf

Lmv250 wrote: »

Thank you for guidance.

I had looked regarding other factors such as grace periods / poor signage. I just wasn't sure if they needed to be included as wondered if the appeal would win in the first instance as the POFA guidelines were not followed.

see post 3 , do it , do not add or ammend the template letter , await a popla code , then use your ammo there

Lmv250_2

Thank you Pappa golf

Ralph-y

where was the car park ?

retail park / supermarket / hospital ?

do you have receipts for shopping ?

Ralph:cool:

Guys_Dad

Lmv250 wrote: »

Hello all It was not aware of any offence until a PCN arrived in the post dated 30/04/16 for parking on 12/04/16. .

Can you be absolutely clear. Did it arrive on 30th April or was the NtK dated 30th April?

If the latter, you have a slam dunk on out of time - nothing else actually needed.

If the former, what is the date on the NtK?

May I qualify that, though. Is the car on a lease or company car as that changes things as they could have notified the RK (if not you) earlier and got your name from the hire company.

Lmv250_2

Guys_Dad wrote: »

Can you be absolutely clear. Did it arrive on 30th April or was the NtK dated 30th April?

If the latter, you have a slam dunk on out of time - nothing else actually needed.

If the former, what is the date on the NtK?

May I qualify that, though. Is the car on a lease or company car as that changes things as they could have notified the RK (if not you) earlier and got your name from the hire company.

The ntk states date of event 12/04/16 and date issued 30/04/16. It is also dated 30/04/16

Incidentally rk did not receive it until at least 05/05/16.

It was own car not a hired vehicle. It occurred on a private car park not attached to shops ( no receipt of purchase at shops).

Thanks for all advice . And apologies for any (new) school boy errors on the forum.

pappa_golf

on the letter from PE , does there seem to be a gap , as in a couple of lines missing in the middle , the wording of those lines would be in regard to POFa 2012 , and how they are working to it?


see here





https://bmpa.zendesk.com/hc/en-us/article_attachments/201673931/Parking_Eye_Parking_Charge_Notice.jpg




you are notified under paragraph 9 ,,,, bla bla ,,, bla