None compliant PCN

dbh1973

Hi all

I received a notice PCN on my windscreen saying this is not a PCN, 7 days later i received a PCN through the post.

My original defence was that i had paid up for the 2 hours but the machine must have been malfunctioning and didn't register the £4.50 for 2 hours but only £3, there is no tariff for £3 pounds, there is a £2.50 for 1 hour and 4.50 for 2 hours.

The machines had recently been re calibrated, on a subsequent visits the machine was covered up by a yellow hood saying out of order and then subsequently replaced. I stayed for 1hr 38 mins thinking i paid for 2 but the car parking company wont accept this, if you take into account the extra 50p which equates to 13.33 mins i paid for 1hr 13mins, therefore i overstayed by 25 mins.

The company didn't issue me a PCN at the time just a notice saying this is not a PCN. They issued a PCN through the post 1 week later having contacted the DVLA for my details, however, the freedom of information acts states that a ticket should be issued to the driver or on the vehicle, the driver has 28 days to pay, the company can then contact the DVLA for my details.

The ticketing company never followed these procedures, therefore, is the ticket compliant and valid.

Thank you

onlyfoolsandparking

All posters are advised to read the NEWBIES thread as 99.9% of answers are in there.


I'm no expert on what you state, I don't believe it has been issued wrong although a more seasoned poster will confirm and there's absolutely no reason you cannot fight it

dbh1973

The parking firm have now respond from its 100% compliant to they think its is.
The complaint actions is "a landholder may place a ticket on a vehicle or give it to the driver at the time of the contravention deems that a tickets needs to be issued"
They are saying they may, but The word may in a contract can be either optional or mandatory and needs to be read in context, therefore "it can not be a choice from not complying with a statutory provision or regulation"

The whole extract of the regulation is
6.1 When a parking contravention is detected, a landholder may place a ticket on a vehicle or give it to the driver at the time of the contravention. In these circumstances the landholder must wait 28 days after which, if there is no response, he/she may submit a request to the Driver and Vehicle Licensing Agency (DVLA) for details of the vehicle's registered keeper. He/she may then write to the registered keeper to seek details of the driver or payment of the parking charge.

bergkamp

Have you searched the forum for 'myparkingcharge.co.uk' as the NEWBIES thread suggests ?

Q - ''My windscreen notice says it's 'NOT A PCN' from 'myparkingcharge.co.uk' so is it a PCN?''

A - YES AND NO! THIS IS DISCUSSED ON OTHER THREADS - SEARCH THE FORUM FOR 'myparkingcharge.co.uk'

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#1

dbh1973

thanks, i will have a look

nosferatu1001

No idea why you think POFA is actually the FOIA, but it isnt

Also where there is no NtD - and the myparking... isnt a NtD, according to the DVLA - then they have to send a NtK such that it is received within 14 days of the event, para 9 sched 4 of POFA. Not meeting this timeline just means they forfeit keeper liabiltiy, it does not mean the pCn is "invalid".

dbh1973

Does paragraph 9 relate to a PCN being issues at source and then after 28 days if there is no contact from the driver they can contact the DVLA for the drivers info.

I was never issued a PCN, just a notice from a parking attendant which wasn't a PCN, they contacted the DVLA before the 28 days had elapsed, therefore, is this none compliance.

Coupon-mad

But you/we know all that already, from all the other myparkingcharge threads. Been done to death! No need to ask again when this is already very clearly discussed for months, ever since they started trying this tactic.

Every similar thread tells you what to do/complain/how to defend if it goes to a claim.