PCN from VCS - Challenge?

adoppelgro

Hello everyone.

I have received a letter from VCS on 12/09/2016.
To start off - I am the registered keeper of the vehicle and also I know all the details of how and where the vehicle was parked. The PCN states a code "Parked in a restricted area in a car park". Although there are no hatched areas on the floor or any signs CLEARLY stating that the area in question was a restricted area, the car was indeed parked partially on kerb/grass. Putting this aside - I have read all the newbies thread, spent some time reading similar threads etc... which led me to POFA. And now I'm thinking whether appeal or not.

To summarise everything:
Contravention date: xx/07/2016
Issue date of this notice: xx/09/2016 (Thursday)
Arrived: xx/09/2016 (Monday)
Days: 60

Now, looking at the POFA 2012:
Paragraph 8:
(4) The notice must be given by
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
Paragraph 9:
(4) The notice must be given by
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Should I be challenging them on those grounds? If so, what should I add to the template given in the Newbies Thread? *One week left to appeal/pay*.

Big thanks in advance to anyone contributing in this thread

Northlakes

On the VCS PCN is it claiming POFA with the correct wording?

I don't think it does but assumes the 'reasonable belief' the driver is the keeper.

There is no point in appealing to the IPC, it just hands the evidence of your case across the desk to Gladstone's who will use it against you (and they have the cheek to call it independent!).

The forbidding signage may be a useful here.

This thread gives an explanation.
https://forums.moneysavingexpert.com/discussion/5517571

What did the signs state?

Fruitcake

You have given away too much information. Edit your post now about who parked where.

Do it now as parking companies monitor this site and can identify the PCN from times, dates, and amounts quoted to name but a few.

adoppelgro

There is no mention of POFA on the PCN.
The thing is, this is a public metro station car park available for anyone travelling by the tram. In regards to the sings, there is a sign at the entrance, stating the usual "do not park outside the lines" etc. I was hoping on challenging them under POFA cause the letter arrived late.
In that case, there is no point in appealing at all, is it?

*Thanks Fruitcake, edited.

Fruitcake

You should send the IPC template from the NEWBIES thread. Copy and paste and send. You could if you wish add that the NTK has been received too late to transfer keeper liability in accordance with POFA 2012. However, looking at the schoolboy error from your first post, you need to be very careful that you don't reveal who was driving if you want to amend the template.

Fruitcake

adoppelgro wrote: »

There is no mention of POFA on the PCN.
The thing is, this is a public metro station car park available for anyone travelling by the tram. In regards to the sings, there is a sign at the entrance, stating the usual "do not park outside the lines" etc. I was hoping on challenging them under POFA cause the letter arrived late.
In that case, there is no point in appealing at all, is it?

*Thanks Fruitcake, edited.

Is the car park covered by Byelaws? This is often the case for railway, airport, and docks or port authority land, but I don't know about trams.

adoppelgro

It is not. It's a Privately Operated Car Park. God knows by who.

Northlakes

Fruitcake wrote: »

Is the car park covered by Byelaws? This is often the case for railway, airport, and docks or port authority land, but I don't know about trams.

This is a VERY IMPORTANT question. It may be privately operated by a parking company but the land may be owned (and very likely) by the metro network such as in Manchester or Newcastle and covered by byelaws.

What did the sign state?

adoppelgro

I will take pictures of all the sings tomorrow and get back to you. Thank you so far!

Fruitcake

adoppelgro wrote: »

It is not. It's a Privately Operated Car Park. God knows by who.

The council may know. The Land Registry will know, and you can ask them for a small fee of a few quid.

Fruitcake

adoppelgro wrote: »

I will take pictures of all the sings tomorrow and get back to you. Thank you so far!

Upload them to a web hosting site such as tinypic or photobucket (but don't sign up in your real name or have other pictures that can be traced back to you.)
Post the URL here but change http to hxxp as you cannot yet post live links. Someone here will change them back so they can be viewed.