PCN Manchester Urban Exchange

Redx

use that if you wish, appealing as KEEPER

or use the blue text template and add a paragraph stating the late delivery

under no circumstances whatsoever infer or name the driver

if the drivers details are given, then the 14 day pofa does not apply as pofa does not apply WHATSOEVER to a driver

they have 6 years to pursue a driver (if known)

so stay as keeper and appeal as keeper

beccih1892

Redx wrote: »

use that if you wish, appealing as KEEPER

or use the blue text template and add a paragraph stating the late delivery

under no circumstances whatsoever infer or name the driver

if the drivers details are given, then the 14 day pofa does not apply as pofa does not apply WHATSOEVER to a driver

they have 6 years to pursue a driver (if known)

so stay as keeper and appeal as keeper

Perfect thank you for the advice and response! Would you suggest any edits to the text mentioned above if I'm just going to use that? Or would you think it best to use the blue text template? Just want to make sure I get it right! Thanks in advance

Quentin

Haven't you identified the driver - as stated in your transcript of your appeal you posted in #17

Redx

as I said , use the blue text template and add a late delivery paragraph informing them they have failed POFA2012 (if this is about the new pcn and not the other one)

there was no need to be asked to repeat myself, its as plain as day what I said and why, its also obvious that you understand the NTK was late under POFA2012 and why you appeal as keeper

beccih1892

Quentin wrote: »

Haven't you identified the driver - as stated in your transcript of your appeal you posted in #17

This is correct, but today I received a PCN dated for the week before, which has been delivered after the 14 day mark

Redx

the driver could be different for each and every pcn they issue, they cannot assume it was the same person in both cases (well, they can assume it but in law they have to prove it)

treat this second one in the manner I described , appealing as keeper and pointing out their error in law

beccih1892

Redx wrote: »

the driver could be different for each and every pcn they issue, they cannot assume it was the same person in both cases (well, they can assume it but in law they have to prove it)

treat this second one in the manner I described , appealing as keeper and pointing out their error in law

Thank you for the advice, I've done as requested which I have put below before I send it, I weren't too sure what else to put with POFA 2012 in regard to the lateness of the PCN so I didn't want to attempt to go into too much detail, or whether I should quote it. Could you let me know if I should add anything else to the below please? Again thanks in advance

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.!

Your Notice to Keeper was not received within 14 days so keeper liability does not apply. The date issued at the top of the PCN xxxxxxx clearly shows it is 19 days after the alleged event xxxxxxx and therefore provides the evidence that I could have not received the PCN within the 14 days.

The purpose of having a specified time scale for keeper liability to apply is that after a period of time, the keeper may not recall who was driving at the time, as is the case in this instance.

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,

Redx

thats fine, use it

Coupon-mad

If so it's Highview Parking

Haha! Certainly don't pay either of them.

When you get the first rejection email or letter re the initial PCN you appealed as driver (OUCH!) make the POPLA appeal really long as per the NEWBIES thread post #3 examples of POPLA points.

In the POPLA appeal, have as your first point the usual thing about lack of grace period allowing a few minutes on arrival (observation period to park up and read the signs) then the mandatory ten minutes at the end. Clearly a mere 11 minutes all told, is perfectly reasonable as grace period allowing for the driving in/out and reading of signs, either side of a 1 hour parked time, which was not exceeded.

beccih1892

Coupon-mad wrote: »

Haha! Certainly don't pay either of them.

When you get the first rejection email or letter re the initial PCN you appealed as driver (OUCH!) make the POPLA appeal really long as per the NEWBIES thread post #3 examples of POPLA points.

In the POPLA appeal, have as your first point the usual thing about lack of grace period allowing a few minutes on arrival (observation period to park up and read the signs) then the mandatory ten minutes at the end. Clearly a mere 11 minutes all told, is perfectly reasonable as grace period allowing for the driving in/out and reading of signs, either side of a 1 hour parked time, which was not exceeded.

Thank you so much for the advice, I've submitted the second appeal relating to the other PCN, I'll keep you all updated on the responses from both.