Time Limits for PCN

bluebaron

Hi All,

I read though the sticky on this but can't find reference to any time limits for PCN's.

MY vehicle is leased and I received a 1st letter dated 12th Jan (probably got 15th) for an offence dated 21 November 2016.

I ignored it and got another one (Final Notice) dated 16th Feb arrived on 18th.

Ive yet to comment to them, are these valid dates? or can I assume they have to write to me within a set time frame?

I had no windscreen ticket it was all camera driven and i had a ticket but didn't enter my reg number when i got it.


Thanks,
BB

Redx

there is a section on leased vehicles in that newbies sticky thread which details the time limits and requirements for POFA2012 to be valid in england and wales

the PCN (or INVOICE) time limits for court action is 6 years in england and wales, 5 years in scotland

Coupon-mad

Bottom line, you DO need to send a late challenge as lessee (NOT saying who was driving) because if you remain silent, some PPCs would write back to the lease firm and extort money from them without you being able to stop that...and then you would get the bill for the entire charge and an admin fee from the lease co.

Respond online TODAY as lessee using the usual NEWBIES template first appeal but changing it to 'lessee/hirer'.

And simultaneously complain to the landowner or retail Managers. NOW. Be proactive, plenty of these firms sue. Which PPC?

bluebaron

Thanks Redx Ill have another look.

Cant believe that I can be sent a parking ticket for an offence 6 years ago and be able to provide a defence!

I thought I would need to have notice with a few weeks.

It was Parkingeye I read the template letter and had drafted the following:

I have recently received a ‘final notice’ for a parking charge for last November.

I do believe my vehicle was in the area at the time and have spoken to the driver who insists a valid ticket was purchased.

Not being the owner of the vehicle they have told me that they did not enter a registration number when extracting a ticket from the machine assuming that a warden would find the valid ticket acceptable. I note however that your system uses camera recognition for the enforcement of this car park.

As such may I ask you to check your system for a ticket issued by the machine 5 minutes before and 5 minutes after the time of the alleged offence.

I also note the somewhat long time, three months, in sending me information regarding this. As it is a final notice I assume you have sent numerous previous correspondence that I am afraid I have not received. Perhaps you could also forward copies of this correspondence with the information requested.

Please also consider this letter a section 10 notice under DPA.

Redx

bluebaron wrote: »

Thanks Redx Ill have another look.

Cant believe that I can be sent a parking ticket for an offence 6 years ago and be able to provide a defence!

I thought I would need to have notice with a few weeks.

you missed my point about the word INVOICE

A PCN is an INVOICE

if somebody issues an INVOICE for any service (such as a pcn for parking) and it goes unpaid, they have 6 years in england or wales to take the matter to the small claims court, its been that way for over 44 years !!

so any invoice , for any reason

they do have to prove their case to a judge and if you watched the legalities and issues on judge rinder (daily on itv) you would see this scenario played out for a number of unresolved issues , including invoices

in your case , its a pacn for a parking issue, but it could be a plumber who billed you 5 years ago and the bill has not been paid

bluebaron

Ok sorry yes missed that thanks,

Anyone had any luck naming a relative as the driver that lives in Australia and then telling the company to pursue them?

Redx

you can see the 6 year rule in action here

https://forums.moneysavingexpert.com/discussion/5604188

unless your last reply is actually true, you should not consider lying , especially if it went to court

Coupon-mad

bluebaron wrote: »

Ok sorry yes missed that thanks,

Anyone had any luck naming a relative as the driver that lives in Australia and then telling the company to pursue them?

Forget that - you DO NOT NEED TO.

It was Parkingeye

Oh dear, you've left it a bit late to wriggle away from this litigious monster but get onto their appeals page NOW and choose 'lessee/hirer' and put in the usual appeal from the NEWBIES thread. Not yours because yours has admissions:

Not being the owner of the vehicle they have told me that they did not enter a registration number when extracting a ticket from the machine assuming that a warden would...blah blah

Nonono! Please DON'T copy the NEWBIES thread appeal here and ask 'is it this one?' Yes. So copy it over on the PE page. Choosing 'Lessee/hirer' is the silver bullet that wins this at POPLA stage.

bluebaron

Thanks again very helpful advice.

The template letter includes the line

"Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. "

Well they already know my name as they got it from the lease company.

Small point but ill copy and paste the whole thing if you think its the way forward.

Coupon-mad

Yep you can remove that paragraph. Replace it with:

You have not met the requirements for 'hirer liability' under the POFA paragraphs 13 and 14 so you have no cause of action.

bluebaron

Morning All,

Just got the email reply saying they dismissed the appeal, no reason given just a standard letter. They said i can appeal to POPLA.

Any ideas on how to proceed?

Shouldn't i just tell them that I did buy a ticket but didn't enter the reg number and the car park was all but empty maybe 2 cars in it. They can then check their records for tickets purchased with 10 mins of my arrival.

Or else I can just go straight to POPLA?

Thanks for help.