Time limit to issue PCN ? Please Help

bandybox

PCN received in post from private parking agency. Alleged infringment recorded as 23rd June, via ANPR - PCN issued 24 July, received 27th July 2017 asking for either payment or declaration to the driver details. Is this a Notice to Keeper ? and does the fact it was not issued to keeper within 14 days as per POFA 2012 Section 9 warrant an appeal ? How should the appeal be worded ? I've read the 'newbie' post but want to be sure. There has not been and will not be any declaration as to who the driver was.

pappa_golf

should be delivered within 14 days in order to rely on POFA2012, if

this is ANPR type ticket (ie no ticket on car)
the vehicle is not leased / hire and the V5 is registed with the DVLA at the correct address

if there was a ticket placed on the car at the time , they cannot apply for keeper details from DVLA for 28 days (+1) and the NKT must be RECIEVED by day 56

private parking agency

who?

bandybox

No ticket on car.
V5 registered to keeper (not necessarily the driver !) at correct address

Agency - Civil Enforcement (Ltd ?)

Clearly shows date of parking, 23rd June, PCN dated 24th July, received 27th July.

So, how does one go about righting the wrong ?

Redx

you dont

you send the blue text appeal from that NEWBIES sticky thread (appealing as KEEPER)

Coupon-mad

And CEL will likely cancel first time, when they see the forum appeal. It works!

You don't need to add stuff about the time taken for the NTK to arrive.

bandybox

you mean this text below ? I would think the first response from CEL would be to argue about the signage ? Whilst it's true enough, the qaulity of the signage is a point of debate whereas failing to meet the terms of POFA 2012 is hard and fast ? Is the keeper not on more solid ground to raise the issue of the NTK timing ?

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, 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. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

pappa_golf

do as you wish ,,,,,,,,,,,,,

Redx

very few signs in england and wales meet the BPA CoP definition on signage , so perhaps 98% of signs fail the CoP and so I doubt that CEL signs actually comply

plus they may not have a valid and in date landholder contract in place

so your best bet is to accept that we know what we are doing and do as we say , which is to send that blue text template "as is"

maybe when you understand the topic you can debate it , but at the moment you dont

Umkomaas

pappa_golf wrote: »

do as you wish ,,,,,,,,,,,,,

Redx wrote: »

maybe when you understand the topic you can debate it , but at the moment you dont

Precisely. Why come for advice then argue against it?

Sometimes I think PG is right!

pappa_golf

sometimes? .......

Umkomaas

pappa_golf wrote: »

sometimes? .......

LOL :rotfl:

I meant in the context of 'do as you wish' aka, 'ignore expert advice, given freely by those who dedicate huge amounts of their own time to understanding this and know every angle'.

Instead, if you (the motorist) think you know better, then who are we to interfere!