PCN after time limit - PLEASE HELP

Redx

you can argue any point that you wish , and nobody is asking if the signage meets YOUR approval or if any other legal arguments meet YOUR approval either

it has to meet the BPA CoP and rarely does , plus there are laws that have to be met too , like the CRA2015 plus POFA2012 (which they failed on)

they all have signs up , and the signs usually fail to meet the CoP

if you introduce any argument , the PPC has to prove their case and prove they have met the conditions you have brought up , so you bring them up and cause them more hassle

if you fail to mention something , popla wont question it on your behalf or assume you should have brought it up

as claimant PE have to prove their case, but only anything that you question

Detta

Thank you.

1- So when I mention points like signage do I have to describe where, how etc the signs were?

2- Also do I mention any points about the cost, that it is unreasonable charge (I don't know if this is the bit that was related to the Beavis case)?

3- Do I mention about all that stuff about I am the keeper, or registered owner of the car. And I am not obliged to say who was driving?

3- When I write the appeal, how do I write it so I am not saying that I wasn't the driver?

Redx

1) if you have evidence to support your assertions that their signage fails the CoP , then use them , otherwise assert the signs fail the CoP and make them prove that they are compliant

2) the Beavis case ensured that not a gpeol is dead in the water, it is deemed to be reasonable by 10 out of 11 judges, the last being the supreme court last november , so any appeal on this point will now fail

3) normally any appeal is by the keeper and the drivers details should not be divulged , either deliberately or accidentally

4) by examining recent 2016 popla appeals and wording yours in the same manner

the point is you do not use "me myself and I" unless there is a need

its not a first person letter you are writing , its as if you are writing it for somebody else , known as being in the third person

Guys_Dad

Can I take you back to your original post?

You write "It was issued 18 days after the event, I counted from the day after the event and I only counted Mondays to Fridays (no public holidays in between), it was delivered 3 days later"

Could you please be specific about the date of contravention and date of NtK. Weekends ARE counted as days making up the 14, but ignored if, say, the 14th day occurred at a weekend.

What I mean is that if the contravention was on a Saturday or Sunday, then the NtK must arrive by the preceding Friday as the 2 day period assumed for delivery must not include a weekend or bank holiday, but the weekends between the event and NtK do count.

Detta

The event date: Sunday 12 June
Issued: Wednesday 6 July
Delivered: Saturday 9 July

So what would that mean please?

pappa_golf

it means they are to late to apply the POFa 2012c and Chace the owner.


they can now only go after the driver , if they know who it is


PS: they do not seem to push aldi cases to court

Detta

What do you mean by they are too late?

How can they find the driver?

Also do you think I should ask them for the contractual evidence that they had the authority to issue PCN's? For the POPLA appeal? I thought since they have not complied with the 14 day bit then that should be good enough by itself?

Guys_Dad

Yes out of time - unless you have a hired or leased car. Do you?

Detta

No not lease or hire.

Please can you advise on:

How can they find the driver?

Also do you think I should ask them for the contractual evidence that they had the authority to issue PCN's? For the POPLA appeal? I thought since they have not complied with the 14 day bit then that should be good enough by itself?

Detta

I forgot to add in my original posting that when they sent me the letter saying my internal appeal was unsuccessful, they said that as a goodwill gesture they have extended the discounted period for a further 14 days from the date of correspondence.

Does that make a difference to anything? Lateness of the first notice, pursuing the owner, driver etc?