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Time limit for issue of postal PCN?

kate2510
kate2510 Posts: 81 Forumite
edited 5 August 2016 at 7:15PM in Parking tickets, fines & parking
I have received a PCN today from Civil Enforcement Ltd dated 3/8/16 for a 12 minute park up which is supposed to have taken place on 3/7/16. ( I can't see the registration plates clearly on the pics supplied which are very small and blurred.) I was of the belief that any PCN sent via the post had to be issued within 14 days. Do I have legitimate grounds for appeal?

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 5 August 2016 at 7:30PM
    no it doesnt have to be within 14 days , not unless they are invoking a law called POFA2012

    in theory they have 6 years to try to enforce an invoice

    clearly this would appear to fail POFA2012 , so no keeper liability

    do not infer who was driving and appeal it using the BPA blue text template

    add a note to say the pcn has failed POFA2012 so as keeper you deny any liability (and the drivers details will not be obtained or giiven)

    ie:- make it harder for them to win, especially if it goes to popla

    grace periods will also be used in any popla appeal, plus other legal arguments too

    this assumes the event was in england or wales
  • kate2510
    kate2510 Posts: 81 Forumite
    Thank you for your prompt response, Redx. Should I appeal immediately? Yes this was in England.
  • Fruitcake
    Fruitcake Posts: 59,465 Forumite
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    kate2510 wrote: »
    Thank you for your prompt response, Redx. Should I appeal immediately? Yes this was in England.

    You can appeal it now or later if you wish. The important thing is not to miss the appeal deadline.

    Copy and paste the BPA template in blue and send as already advised, by whatever method CEL state on the PCN. If by post, send it first class (not special or recorded delivery) from a Post Office and get a free proof of posting.
    If online, take a screenshot.
    You can add the extra bit that the PCN/NTK is non-POFAcompliant as well if you wish, but make absolutely sure you do not reveal who was driving.

    Once sent, you will then need to start reading up on PoPLA appeals.
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  • Coupon-mad
    Coupon-mad Posts: 152,946 Forumite
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    kate2510 wrote: »
    Thank you for your prompt response, Redx. Should I appeal immediately? Yes this was in England.

    See the NEWBIES thread. Read it thoroughly, do not write your own appeal about the story of what happened.

    DO NOT say who was driving. Use the template appeal from the sticky thread FAQS for newbies and come back at POPLA stage.
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  • kate2510
    kate2510 Posts: 81 Forumite
    Further to my previous post I find that I have a ticket for the date and time on the PCN but the registration mark is that of my car and not my van which was the offending vehicle. Obviously this complicates matters. Do I still appeal as per your advice above?
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