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14 Days

Hi all,
Forgive my ignorance but I read somewhere that these parking companies have 14 days to issue a notice otherwise it becomes invalid? Can someone clarify is that 14 days from the "date of contravention" or 14 days from the date of issue of the notice?

Many thanks
«134

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    woodart13 wrote: »
    Hi all,
    Forgive my ignorance but I read somewhere that these parking companies have 14 days to issue a notice otherwise it becomes invalid?

    Can someone clarify is that 14 days from the "date of contravention" or 14 days from the date of issue of the notice?

    Many thanks

    no , you have not read that at all

    you have read that to comply with the law called POFA2012 (which is not mandatory) a PPC must get the NTK for an anpr or handheld camera event to the recipient keeper within 14 days ( so by day 15 where day zero is the date of the event)

    if they fail that target , its not invalid , its that they failed to make the keeper liable using POFA2012

    the NTK is still valid and a keeper should contest it where appicable , but their case is against a driver and they do not know who that is , so they ASSUME the keeper and driver are one and the same person , but they have made their task harder to prove against a keeper if they fail POFA

    so 14 days from the date of the vehicle parking , not from any notice date (so by day 15)
  • Fruitcake
    Fruitcake Posts: 59,532 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ... and if anpr/cameras were not used, then the NTK should arrive between day 28 and 56 if the scammers wish to transfer liability to the keeper.

    If you need further help, please read the Sticky thread for NEWBIES which explains all this, and how to beat the scammers.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 163,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    woodart13 wrote: »
    Hi all,
    Forgive my ignorance but I read somewhere that these parking companies have 14 days to issue a notice otherwise it becomes invalid? Can someone clarify is that 14 days from the "date of contravention" or 14 days from the date of issue of the notice?
    This is answered in NEWBIES PLEASE READ THESE FAQS FIRST'.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • woodart13
    woodart13 Posts: 16 Forumite
    edited 13 January 2018 at 10:55PM
    Hi , Tim nice but dim here again. I did read the Newbies thread and to be honest it's all beyond me and I know many of you will have short patience on this but I will risk your wrath one more time and also add that this "letter" from MET parking services, saying overstayed welcome in a BP garage at an airport services. The "offence" was on 26th December and received the notice on the 11th January,with them saying it was issued on the 8th, so if I'm correct in understanding this 14 day "rule" it has arrived too late for it to be valid?. will send one of the letters that has been posted on site but just wanted to make sure the 14 days is from the 26th Dec or 8th Jan?
    I cringe with the raised eyebrows and thoughts of idiot but however I await, hopefully, for a reply.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 13 January 2018 at 8:15PM
    your understanding is incorrect as I said earlier

    if it failed to arrive within 14 calendar days then POFA2012 is not invoked or available to be used by MET and you proceed with a keeper appeal using the blue text template

    MET would have to prove that you as keeper can be deemed as liable for this charge , failing POFA2012 means they will struggle to do so unless you blab about who was driving , so is in your favour as KEEPER as long as you stay that way

    people keep talking on here about "valid" or "invalid"

    it is an invoice raised due to perceived rule breaking , which MET deem to be "valid" , but is for them to prove the validity of it

    it is certainly deemed to be "valid" against the driver , because the driver is deemed to have broken the parking rules and MET say should be punished for it

    as KEEPER, you may not be LIABLE , so you proceed on that basis and they cannot invoke POFA2012 to make you liable (or accountable) if they have failed POFA2012

    complicated ? yes , but you did ask !!

    it is not rocket science , but neither is in painting by numbers either

    appeal as KEEPER using the blue text appeal, so you do not reveal anything untoward

    there is a 2 day delivery rule from the 8th jan 2018 , meaning the letter is PRESUMED to have been delivered 2 days after it was posted , this is a standard legal practice for all items posted using royal mail

    the 26th dec 2017 is day zero, so the 14 day POFA2012 rule expires on day 15 , where the 27th dec 2017 is day 1 (so about the 10th of january 2018 is the cut off date)

    so all this means is that they may have failed POFA2012 to hold a keeper liable under that particular law , that law is not mandatory , but they may have failed it anyway

    therefore you have a parking invoice that you are disputing

    here is a recent reply I gave to someone else recently in similar circumstances)
    POFA2012 schedule 4 tells you the timeline for an NTK to arrive with the recipient , and that is by day 15 where the date of the incident is day zero , so it seems to have been delayed in the xmas post, unfortunately you cannot prove this and the letter is presumed delivered (in law) 2 days later

    so if they can prove it was posted on dec 21st or thereabouts , then they could easily convince a judge they complied with POFA2012 by ensuring it was posted in good time and is PRESUMED delivered 2 days later according to the legal rules (Unless proven otherwise), despite the bank holidays
    it is "over" when either MET say so , or POPLA say so , or a judge says so , until then it is "valid" , ie:- a valid invoice that needs to be disputed

    capiche ??

    and edit your previous posts

    THE DRIVER may have overstayed on the day

    what happened on the day happened to THE DRIVER , so say so

    what has happened since that fateful day , has happened to THE KEEPER

    those are the only 2 terms you need to use , (DRIVER and KEEPER)

    FOR CLARITY , the words "ME , MYSELF & I" are not used
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You need to send one of the template appeals from post #1 of the NEWBIES FAQ sticky thread.

    There are two such templates and you will need to decide which one to send. Instructions on how to do that are there too.
  • Ok , firstly I thank you all for your replies, however can someone put this dim person out of his suffering and provide said links to these templates as I cannot find them....and yes I am useless at navigating around threads etc :-(
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You told us earlier:
    woodart13 wrote: »
    I did read the Newbies thread...
    Re-read the the first post on that thread.

    It really is that simple.
    Not sure that is can be made simpler without re-writing it here.

    Are you using a phone or tablet?
    Perhaps a device with a bigger screen would help.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    go to the top of this forum , its the 3rd thread down from the top, and will always be ABOVE this thread of yours

    it has NEWBIES etc in its title

    it is near the NEW THREAD BUTTON you used to start this thread of yours (which was the correct thing to do)

    you have already told us that you have read it , so read it again :)

    and use the EDIT button below your posts to edit the offending words I mentioned earlier

    if you cannot see this EDIT button etc , its because you are on a phone or similar

    in which case use a laptop, its a lot easier
  • Unfortunately KeithP I did read, but with my limited capacity to retain information I find it extremely difficult with this kind of thing. I shall endeavour to see the words before my eyes but sometimes it has to stand out in order for me to recognise.
    On another note I have gone onto MET's appeal page and it seems there is no way to attach said letter, hoping I can find one, just a box to add PCN number and my reg......is this normal?
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