Time limit for serving Notice to Owner?

jdw133

My wife recently received not one, but THREE Notices to Keeper from a visit to Southampton. All three had taken almost a month to be sent. When I researched the Protection of Freedoms, I found that notification had to be received within fourteen days of the infringement, so appealed all three, which have just come back rejected. has anyone else tried this? The wording in the act seems quite clear, to me.

Umkomaas

has anyone else tried this? The wording in the act seems quite clear, to me.

Almost everyone who comes here.

Are you asking for forum help with the tickets? If so you need to give us essential information like:

Name of the PPC?
Were there windscreen tickets initially applied to the vehicle., or
Were the tickets based on ANPR (or handheld) camera capture?
Date of each infringement?
Date of receipt of each NtK for each infringement?
What type of car park in Southampton?
Was each ticket appealed separately?
What did the appeal(s) say?

Redx

if they dont follow POFA2012 , then they dont have to and the NEWBIES sticky thread tells you this

but it may affect their claim and may make any invoices fail in a court case due to failure to follow POFA

they have 6 years to make a court claim for an unpaid invoice , so can send them any time after day 28 , the debt is forever , not 6 years (it never goes away) , but the court claim statute is 6 years under small claims in england and wales , 5 in scotland, and has been that way since 1973 (now called an MCOL)

see parking pranksters recent UKPC blog about such a failure on NTK errors where they failed due to not following POFA2012

The_Deep

They may well be basing the claim on the "reasonable assumption" that you were the driver, based on Elliot v Loake, a hit and run case which has no relevance whatsoever to Contract Law,

If you were not the driver they are Donald Ducked, even if you were they still have to convince a judge that they have good grounds for believing thusly. You do not have to name the driver and even if the judge were to ask, your recollection of the event may be a bit fuzzy.

jdw133

Thanks for your replies. I have read as much of the guidance as seemed relevant, and I'm sorry to have bored you with yet another run of the mill question. In mitigation, I would remind you that we are facing a possible three hundred pound bill, which is grossly unfair, considering my wife didn't even get out of the car: she was simply loitering whilst waiting for a foot passenger from the Isle of Wight Ferry.

Umkomaas

Why aren't you answering the Qs I asked in post #2? We might then be able to help you then.

No need to 'remind' any of the regulars on here of anything. We're at this from morning to night!

jdw133

1)
Name of the PPC? Civil Enforcement
Were the tickets based on ANPR? Yes
Date of each infringement? 10/07/16 (arrived 13:21:35 left 13:45:31)
Date of receipt of each NtK for each infringement? 8/08/16
What type of car park in Southampton? Short stay @ Harbour House
Was each ticket appealed separately? Yes
What did the appeal(s) say? That the NTK was not received within 15 days of the infringement and therefore would not be paid.
2)
Name of the PPC? Parking Eye
Were the tickets based on ANPR? Yes
Date of each infringement? 10/07/16 ( arrive 13:45:31 leave 14:23:53)
Date of receipt of each NtK for each infringement? 1/08/16
What type of car park in Southampton? Short stay @ Town Quay
Was each ticket appealed separately? Yes
What did the appeal(s) say? As above
3)
Name of the PPC? Parking Eye
Were the tickets based on ANPR? Yes
Date of each infringement? 13/07/16 ( arrive 08:46:17 leave 09:25:56)
Date of receipt of each NtK for each infringement? 1/08/16
What type of car park in Southampton? Short stay @ Town Quay
Was each ticket appealed separately? Yes
What did the appeal(s) say? As above

The fitrst two are almost consecutive: waiting to pick up son from ferry. The third was waiting to drop son offf when ferry arrived.

jdw133

I thought I had answered your questions in my follow up post: I set out all the details of each ticket, clearly and concisely. Maybe you didn't see it?

DoaM

Maybe you didn't post it until AFTER you were reminded? Look at the post contents and time stamps.

Coupon-mad

CEL do not use POFA wording so the 14 day deadline is not relevant really - you are comparing the PCNs to a law they do not use. They can only hold a driver liable, not a keeper.

Hence why the KEEPER appeals, as per the NEWBIES thread, which does also tell you that CEL are one of several firms who do not use the POFA because they do not have to...like I say, it means the keeper can't be liable (which is good).