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Just received a PCN and confuse
gb1962
Posts: 15 Forumite
Hi,
I received a PCN yesterday morning by post as my car was captured by ANPR. The date of the incident on the PCN is March 20th 2016 and I have been sent a charge of £80 as the keeper of the vehicle. I wasn't the driver of the car when it was captured by ANPR.
However, I've read the Newbie section but can't see the wood for the trees at the moment, so any help and advice would be most appreciated :-)
My confusion is around the following:
The incident date is dated as March 20th 2016 and the issue date is May 19th 2016, so there is a difference of 60 days or so between the incident date and the issuing of the PCN.
The issuing organisation has the logo of the IPC (Independent Parking Committee) on their PCN, yet when I search for Independent Parking Committee, their logo appears on a website for International Parking Community (IPC).
The PCN says that they're operating in accordance with the Independent Parking Committee's Code of Practice, yet their Car Parking Terms and Conditions (2016) from their website says 'Enforcement is undertaken in accordance with the British Parking Association (BPA) Code of Practice with no mention of IPC. They're listed on the IPC website but not the BPA website and yet have the logos of both entities on their car park entrances.
I would like to appeal against the PCN on the grounds it's not valid due it not being sent to the registered user within 14 days of the incident as documented in the 'Guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges'.
In addition I'd like to use the argument that this also breaches the codes of practice of the IPC and BPA.
However, which code of practice should I show they're in breach of - the IPC or the BPA (or both)??
The IPC Code of Practice has in it:
5. Notice to Keeper (ANPR and Postal Notification cases)
5.1 The Notice to the Keeper must;
(m) Be given to be received by the keeper within 14 days beginning the day after
the specified period of parking.
The current BPA Code of Practice has in it:
Making use of Keeper Liability provisions
21.5 If you want to make use of the Keeper Liability provisions in Schedule 4 of POFA 2012 and you have not issued and delivered a parking charge notice to the driver in the car park where the parking event took place, your Notice to Keeper must meet the strict requirements and timetable set out in the Schedule (in particular paragraph 9).
Not making use of Keeper Liability provisions
21.8 Your letter to the keeper should point out the details of the unauthorised parking event and ask for payment or request details of the driver. If you are not making use of the keeper liability provisions of POFA or you are unable to achieve the deadlines specified therein, your letter must not reference POFA or state that the keeper is liable.
As the PCN makes no reference to POFA, could I still appeal using the late delivery of the PCN argument?
Sorry for the long post, but any guidance would be most helpful.
GB
I received a PCN yesterday morning by post as my car was captured by ANPR. The date of the incident on the PCN is March 20th 2016 and I have been sent a charge of £80 as the keeper of the vehicle. I wasn't the driver of the car when it was captured by ANPR.
However, I've read the Newbie section but can't see the wood for the trees at the moment, so any help and advice would be most appreciated :-)
My confusion is around the following:
The incident date is dated as March 20th 2016 and the issue date is May 19th 2016, so there is a difference of 60 days or so between the incident date and the issuing of the PCN.
The issuing organisation has the logo of the IPC (Independent Parking Committee) on their PCN, yet when I search for Independent Parking Committee, their logo appears on a website for International Parking Community (IPC).
The PCN says that they're operating in accordance with the Independent Parking Committee's Code of Practice, yet their Car Parking Terms and Conditions (2016) from their website says 'Enforcement is undertaken in accordance with the British Parking Association (BPA) Code of Practice with no mention of IPC. They're listed on the IPC website but not the BPA website and yet have the logos of both entities on their car park entrances.
I would like to appeal against the PCN on the grounds it's not valid due it not being sent to the registered user within 14 days of the incident as documented in the 'Guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges'.
In addition I'd like to use the argument that this also breaches the codes of practice of the IPC and BPA.
However, which code of practice should I show they're in breach of - the IPC or the BPA (or both)??
The IPC Code of Practice has in it:
5. Notice to Keeper (ANPR and Postal Notification cases)
5.1 The Notice to the Keeper must;
(m) Be given to be received by the keeper within 14 days beginning the day after
the specified period of parking.
The current BPA Code of Practice has in it:
Making use of Keeper Liability provisions
21.5 If you want to make use of the Keeper Liability provisions in Schedule 4 of POFA 2012 and you have not issued and delivered a parking charge notice to the driver in the car park where the parking event took place, your Notice to Keeper must meet the strict requirements and timetable set out in the Schedule (in particular paragraph 9).
Not making use of Keeper Liability provisions
21.8 Your letter to the keeper should point out the details of the unauthorised parking event and ask for payment or request details of the driver. If you are not making use of the keeper liability provisions of POFA or you are unable to achieve the deadlines specified therein, your letter must not reference POFA or state that the keeper is liable.
As the PCN makes no reference to POFA, could I still appeal using the late delivery of the PCN argument?
Sorry for the long post, but any guidance would be most helpful.
GB
0
Comments
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who was this nasty company?
it sounds like they have recently moved from the BPA to the IPC , or whatever its called this week .
more info on company pleaseSave a Rachael
buy a share in crapita0 -
lol! Can I name them if I'm going to appeal against them?0
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if you want any help YES!
if they are IPC you cannot go waffling on about BPA code of practice or you will be shot down.
and yes March 20th 2016 and the issue date is May 19th , exceeds the max number of days , and you have not added the 2 extra working days in the post
however the IPC only have one rule , deny 80% of appeals !Save a Rachael
buy a share in crapita0 -
Hi - it's The University of Leeds.0
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university of leeds joined the ipc on University of Leeds
18/12/2015
not much history known ,
look at the IPC appeal in the newbies section , and appeal , stating that they have not conformed to POFa 2012 , and as such they should now send correspondence to the driver.
a: do NOT admit to driving
b: you are not at liberty to name the driver , that their job now.Save a Rachael
buy a share in crapita0 -
Thank you! ��0
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Should I mention that they have breached the 14 day ntk period?
GB0 -
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I take it that it is your car and not on lease or hired? If so, a proper forum advised appeal should see this off.0
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Hi - Yes it's my own car.
GB0
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