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Eclaire
Posts: 2 Newbie
Apologies for starting a new thread when there is already so much information on here, but... Is a PCN received by post (ANPR) the same as a Notice to Keeper? I have a PCN dated 2nd August for a contravention which took place on 10th July - clearly not issued within 14 days. Since this is a first communication, is it the equivalent of a Notice to Keeper?
The notice itself makes no reference to the POFA.
I'm minded to challenge the notice on the basis of POFA 2012 Paragraph 9. Also, the IPC Code of Practice (of which Excel is a member) Part C Section 5 (m) also appears to specify "... within 14 days beginning the day after the specified period of parking" in the case of ANPR.
Apologies again.
The notice itself makes no reference to the POFA.
I'm minded to challenge the notice on the basis of POFA 2012 Paragraph 9. Also, the IPC Code of Practice (of which Excel is a member) Part C Section 5 (m) also appears to specify "... within 14 days beginning the day after the specified period of parking" in the case of ANPR.
Apologies again.
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Comments
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Correct. If they aren't using POFA then there's no keeper liability.0
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Thanks for the reply. I'll have a go at challenging the notice (not "appealing") on the grounds that they have not fulfilled the 14 day rule. Wish me luck.
Not that it's relevant: we always pay at this car park. We didn't on this occasion because we arrived 4 minutes before what we thought was the evening cut-off time and we were out by an hour. Just being a bit thick with the 24-hour clock because we were tired after travelling. We were genuinely mistaken and would happily pay something but £100 reducing to £60 if paid within 14 days is a complete rip-off. If they'd sent me a bill for £20 I would just pay up. This was an almost completely empty car park at 4 minutes to eight in the evening - leaving at 2 minutes to nine after having a quick pizza at the end of a four hour journey home.
None of that mitigates the "offence" although I was taken aback to receive a parking notice exactly one month later and had to check back in texts and emails to ascertain what I was doing that day.
Anyway, thanks again.0
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