Timescale for issuing a PCN

Peppa37

I received a posted 'invoice' from Civil Enforcement the Incident date was 2nd April and the PCN issue date was the 28th April, I dispute the timeframe, and I've now had a further letter saying they reject my 'appeal' (I never appealed, I stated they had incorrectly issued the charge notice so I wasn't going to pay) and they attached a photocopied couple of pages with reasons why my 'appeal' failed which none of them related to the timeframe, they have given me an extra 14 days grace to pay the lower charge of £60, and a POPLA code to 'appeal' further.

Can I have your thoughts?

Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges.
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 charge. I refer you to the alleged incident date and PCN issue date.

British Parking Association Code of Practice
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). See above.

Guys_Dad

Assuming it was ANPR and they are pursuing you as keeper, you are right and that is the only appeal point you need.

But that only applies to keeper liability and if you have inadvertently admitted to driving, this silver bullet fails.

Northlakes

Read and digest the NEWBIES thread.
Yes your right but they are only after your money.

Read up about grace periods also.

Get a POPLA appeal done and post for checking.

I do hope you haven't named the driver?

Peppa37

Yes it was an ANPR, below is my full letter (I know now the bit about the disproportionate fee is no longer valid but I used it anyway) do you think I've inadvertently admitted to driving?


Dear Sir or Madam

PCN Number
Incident Date 2nd April 2016
PCN Issue Date 28th April 2016
Vehicle Registration Number XXXXXX

I received your parking charge notice. I believe the notice was incorrectly issued and I will not be paying your demand for payment for the following reasons:

Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges.

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 charge. I refer you to the alleged incident date and PCN issue date.

British Parking Association Code of Practice
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). See above.

The fee is disproportionate.

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver. In this case, the £100 charge you are asking for far exceeds the cost to the landowner of £2 per additional hour plus administrative costs for the extra 15 minutes.


Please send me further details so I can pursue my complaint with POPLA and also send me a copy of your photographic evidence.

Yours faithfully,

Northlakes

Can't say you have but amend your initial post as PPC's watch this forum.