Brought a ticket, still got PCN issued!

Kenny1257

Hi,

On the 1st of April the driver went to Milton Keynes to do some shopping and parked on the Avebury Car park operated by Britannia Parking. The driver was only there for a flying visit and paid for three hours at a charge of £1.50 at the lower level pay point. The driver did their shopping and left. As they had paid and the entry/exit is covered by CCTV they did not retain the ticket, why would they?

Today (21/04/17) the keeper received a parking charge notice sent to the registered keeper of the vehicle dated the 19/04/17. The keeper fully intends to appeal as the keeper and will not disclose the identity of the driver. The keeper will ask for the CCTV of the pay points to prove that correct payment was paid by the unidentified driver and appeal on these grounds.

Additionally the keeper notes Schedule 4, 9 (5) of the protection of freedoms act which states that for liability to be attracted by the registered keeper this notice must be served within 14 days of the alleged contravention which in this case it was clearly not.

Any feedback or thoughts on the matter would be greatly appreciated.

Many thanks in advance.

Kenny

Fruitcake

Edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper.

The 14 days(received by, not served) is only applicable to ANPR/camera images. Different dates apply if a windscreen ticket was received.

Please read the Sticky thread for NEWBIES before sending the BPA template in blue you will find there.

Do not pay, do not ignore, do not reveal the driver's identity, do not miss the appeal deadline.

Kenny1257

Hi,

It was an ANPR image and nothing was affixed the the vehicle in question. I know a ticket was purchased by the driver.

Kenny.

Fruitcake

Kenny1257 wrote: »

Hi,

It was an ANPR image and nothing was affixed the the vehicle in question. I know a ticket was purchased by the driver.

Kenny.

OK, so use the BPA Template from the NEWBIES. You could carefully add (without giving away the driver's identity) that the scammers have failed to transfer liability to the keeper as their NTK is too late to meet the strict requirements of the PFA 2012, so they should FRO.

We don't normally recommend adding to the template in case the poster says I parked, or here's my receipt, or some other comment that gives away the driver's identity, but it looks like you know what you are doing so I think it would be OK to add the extra bit. That way they know the keeper isn't a pushover and is going to cost them money if they try PoPLA.

Kenny1257

Tweaked, Thanks!

Whats the significance of the PCN arriving after the specified 14 days as specified by the PFOA?

Sorry if thats a bit of a basic question.

Matt.

Kenny1257

Thanks Buddy!!

Coupon-mad

Kenny1257 wrote: »

Whats the significance of the PCN arriving after the specified 14 days as specified by the POFA?.

None really with Britannia because it's not a 'POFA version' PCN anyway so they can't hold a keeper liable even if they'd been quicker. You'll realise that when you read other Britannia threads and if you read the NEWBIES thread a bit closer and click on the link showing schedule 4 - Britannia do not use that statutory wording.

It's not just about bunging something (anything) in the post by day 14. A non-POFA PCN is a non-POFA PCN whenever it's posted.

Such a cinch for a keeper appellant to beat at POPLA. You'll win, this is easy.

Kenny1257

I think I'm being stupid. I had a read of the threads but thought that as it was an ANPR monitored matter and that no ticket was attached to the vehicle in question it feel within the 14 day notice. I think I'm missing something obvious???

I see that people are saying don't ignore it, which I wont, just unsure how to appeal on the basis of the circumstances, do I add this carefully to the linked letter in the newbie thread and then just ignore it all from there? Sorry a smidge lost after reading the posts.

Thanks for your patience!

Coupon-mad

unsure how to appeal on the basis of the circumstances

I wouldn't, I'd go with this version which focuses on ''I've sussed you can't hold me liable!'':

https://forums.moneysavingexpert.com/discussion/5612169

If they reject, obviously you then win at POPLA on that basis but with a longer POPLA appeal. As per all the other Britannia threads you must have found when you searched the forum for 'Britannia' (as you would).

HTH

Kenny1257

Very much obliged to you!!

Kenny1257

Hi Everyone,


Followed your advice and got a reply back from Britannia, They said, well not a lot really and just went on to say they have made no assumptions as to the driver of the vehicle and have written to me to inform me that as the keeper they are notifying me of outstanding contraventions on my vehicle and that should I wish to transfer liability then please provide the drivers details.


They then follow this up with repeated information on how to appeal this or pay up.


Thoughts?