PCN Compliance

jrO

Received a PCN from Indigo through the post.

Appealing today through the suggested BPA route on Day 26.

Noticed on the legislation that it mentions the amount of any unpaid parking charges must be specified, I can't see that most PCN's list this? Mine certainly doesn't..

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—

(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Can anyone advise as to whether this would make the PCN non compliant if it does not list the unpaid parking charge of say £6.

If so should this be listed in the appeal letter to the BPA? Many thanks..

Fruitcake

The BPA template is there so that the driver's identity isn't revealed, and a PoPLA code is obtained. Do not add anything or take anything away unless you really know what you at doing.

Day 26 applies to a windscreen ticket, not a NTK through the post, however appealing a postal NTK late as possible does help if Byelaws apply.

Save any NTK non-compliance for PoPLA.

Was this by any chance a station car park? If so, Byelaws will probably apply in which case there will be no opportunity for PoPLA.

jrO

It is a station car park. Does that suggest I really need it overturned at initial stage in order to save any trouble?

Fruitcake

If Byelaws apply then you need to play ping-pong with Indigo until it becomes statute barred after six months. Please tell us if the NTD mentioned penalty/byelaws.

Generally where railway byelaws apply, only the train operating company or landowner (possibly Network Rail) can take the vehicle owner (not the driver or keeper) to (magistrates) court, only for trespass, and only within six months of the alleged event.

Do a forum search for Indigo and railway byelaws, selecting, Show Posts, to get an idea how to ask pertinent questions about byelaws, such as how they can pursue a parking charge when the POFA 2012 doesn't apply as this is non-relevant land.

Coupon-mad

jrO wrote: »

It is a station car park. Does that suggest I really need it overturned at initial stage in order to save any trouble?

You won't get it overturned (at all) and you won't get POPLA, and will the BPA care about anything to do with this 'penalty', but nor will there be any 'trouble' and nor will you pay it.

Same as all the other Indigo railway threads you can read when you search the forum for those 2 words. String it out with replies for 6 months then it's over.

jrO

Thanks for your help. Any idea how long you can get away without replying for?

Coupon-mad

errrrm...re-read my last line. Replies or no replies, it's over after 6 months.

As an aside, please contact WHICH? magazine using the easy link from this thread to tell them briefly of your plight. The more people who contact WHICH, the more likely they are to take up this unregulated scam industry as their next cause:

https://forums.moneysavingexpert.com/discussion/5765579