Britannia - Postal PCN 16 days after offence

n0thappy123

Hi guys,

Been reading quite a few threads here about PCN's etc the advice is brilliant!

Recently received a PCN notice from Britannia which was paid to park for 2 hours but ran 30 minutes over (they have photo evidence of the car entering and leaving the car park). The offence happened on the 24th April and the letter states the issue date was 10th May (letter received on 12th may via post)

As I understand it, this is clearly outside the 14 days that PoFA allows to send a PCN to the Keeper in order to hold the keeper liable for the charge.
I further believe there is no obligation to provide details of the Driver at the time of the alleged unauthorised parking.

BUT slightly conflicted by this from PoFa:

"6. The Creditor or its agent must have made application to the DVLA for your name and address either

NOT EARLIER than 28 days after the vehicle was parked (where a Notice to Driver was issued); or
NOT LATER than 14 days after the vehicle was parked (where a Notice to Driver was not issued)"

Meaning they would have applied to DVLA within the 14 days for the notice issue date to be 10th May.

If the 14 day rule is the truth, should this be ignored or protest the ticket?

The frustrating thing is the same thing in the same car park happened about a week later so it's likely another ticket coming as well....

Any advise would be really helpful. Thanks in advance!

Quentin

You have not read the most important thread - everyone is politely asked to read the newbies FAQ thread near the top of the forum before posting


Go there now to learn about the game you are caught up in and how to deal with this


Throughout you are advised never to reveal who was driving


You need to edit your post to remove details of the driver


The ppcs monitor this forum and can use your posts against you

Coupon-mad

The keeper uses the template to appeal, not saying who was driving and not trying to add things about dates that are not needed at early appeal stage.

JUST the template appeal (don't copy & paste it here asking 'is it this one?' or we will scream).

The keeper then wins at POPLA using the usual non-POFA no keeper liability POPLA appeal examples you find by searching the form in June when you have a POPLA code.

The NTK was served late, so they can't hold you liable, so you win.

Nothing to do with when they got the DVLA data, that's not in Schedule 4.

n0thappy123

Thank you! So do you just ignore this or issue a complaint to state that the notice was outside the 14 days?

Thanks

Le_Kirk

Question: -

n0thappy123 wrote: »

Thank you! So do you just ignore this or issue a complaint to state that the notice was outside the 14 days?

Answer in Post #3: -

The keeper uses the template to appeal, not saying who was driving and not trying to add things about dates that are not needed at early appeal stage.

JUST the template appeal

Coupon-mad

Oh my days!

THE NEWBIES THREAD TELLS YOU WHAT TO DO AND IGNORE IS NOT IT.

PROMISE NOT TO COPY & PASTE THE TEMPLATE HERE, OR ASK IF YOU SHOULD ADD ANYTHING.

ALREADY TOLD YOU NOT TO...PLEASE SPARE US!

n0thappy123

Coupon, I am sorry to be annoying as I am sure you have done this thousands of times but I am on the same side as you. I!!!8217;m determined not to pay these thieves, so just looking for a little helpful direction regarding the specifics of my fine.

The template that I found mentions about asking for photo ID of the violation (already have those) and photos of the signs. This is about the the issue date being sent 2 days over the limit. Just wanted to make sure it was relevant to this fine and was wondering whether the 2 day over the limit was relevant. Sorry finding it hard to navigate all the technicalities as the faq can be a little confusing for noobs

Thanks

Coupon-mad

It's relevant as it is, honestly! You are missing the subliminal message it sends to the PPC:

''look! this person is on MSE and will win at POPLA''!

n0thappy123

Brilliant, appeal sent. Thanks for the help again lets hope it work!

Redx

and you have NOT received a "FINE" , its a PCN , a Parking Charge Notice, so call it that , or PCN , its shorter than the word "fine" and is actually correct , or use the longer word INVOICE


these invpices should never be called "fines" , because it plays into the myth and the hands of the sc@mmers

n0thappy123

Hi guys,

so a follow up after sending 2 of those scripted forms to Britannia. The first PCN which was written about in the main text above hasn't received a reply to date (this is the car which the PCN was received 16 days after offence).

As stated in the original text there was a 2nd car which would receive a PCN for the same location (which happened a few days later) and the same form was used but has received this reply.

"Thank you for your appeal received on XXX regarding the above detailed Parking Charge Notice.
Your POPLA verification code is XXXXXX.
We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the photographs and any evidence provided. Our records show that the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of the Car Park.

The Parking Charge Notice was issued to your vehicle because your paybyphone ticket had expired.
We are members of the British Parking Association (BPA) and we follow their Approved Operator
Scheme, the BPA Code of Practice, at all times.
Section 13 !!!8211; Grace Periods, details that once the parking contract has ended (ticket has expired), we must give the driver a reasonable period of time to leave the car park. We have a 10 minute grace period at this car park. If the driver has not purchased another ticket or left the car park by the time the 10 minute grace period ends, a Parking Charge Notice will be issued, as the driver has breached the terms and conditions of the car park.

An online copy of the Code of Practice can be found by visiting: Practice-and-compliance-monitoring

Please be aware that you have been notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full.
You are warned that if, after 28 days, the Parking Charge has not been paid in full and Britannia
Parking do not know both the name and current address of the driver, we have the right to recover any unpaid part of the Parking Charge from the registered keeper. This warning is given to you under
Paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our
compliance with the applicable conditions under Schedule 4 of that Act.
Should we be provided with an incorrect address for service, we will pursue the registered keeper for any Parking Charge that remains unpaid.
The signage in the car park meets the requirements stipulated in the British Parking Associations Code
of Practice (BPA). The BPA guide is formulated in line with the requirements of contract law, and by
adhering to their code of practice, it enables us to enforce the terms and conditions. Therefore, the
contract has been validly issued and offered which you accepted by remaining on site. It is the
motorists responsibility, upon entry to the car park, to read the terms and conditions stated on the
signage.
In regards to your three points:
1. Parking Charge Notices are issued for a breach of the terms and conditions under contract law.
2. Please see attached photos of the signage within the car park.
3. Please refer to the original PCN (issued 21st May 2018) where you will find images taken of the vehicle in question.

As per section 10 of the DPA, subsection (1) does not apply in any case where any of the conditions in
paragraphs 1 to 4 of Schedule 2 is met, as per schedule 2, the processing is necessary for the
performance of a contract to which the data subject is a party.
We are managing agents on behalf of the landowner and therefore any formal complaints should be directed to Britannia Parking.

You have now reached the end of our internal appeals procedure.
You now have a number of options from which to choose:-
1 Pay the Parking Charge Notice at the discounted rate for a further 14 days.Please note that after this time the discounted rate will no longer apply and the full Parking Charge Notice amount will then be due within 14 days.
2 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery
procedures and may proceed with Court action against you.
3 Make an appeal to POPLA !!!8211; The Independent Appeals Service. Please note that if you wish to
appeal to POPLA, you will lose the right to pay the Parking Charge Notice at the discounted rate, and should POPLA!!!8217;s decision not go in your favour you will be required to pay the full amount. If you opt to pay the Parking Charge Notice you will be unable to appeal to POPLA.
The POPLA service is only available in England and Wales.
You must submit an appeal to POPLA within 28 days from the date of this outcome letter, by submitting an online case at Your POPLA verification code is X.
By law we are also required to inform you that Ombudsman Services
provides an alternative dispute resolution service that would be competent to deal with your appeal.
However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.!!!8217;

How to Pay:

Internet: Visit X and follow the onscreen instructions. Please have your parking charge Notice number and payment card details ready.
By Phone: Call 0345 5 555888 option 2.
By Post: Make your cheque or postal order payable to Britannia Parking
Yours sincerely,

Appeals Department
Britannia Parking"

Your advice would be greatly appreciated!