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PCN received 6 weeks after Issue Date

oaaeae
oaaeae Posts: 3 Newbie
edited 22 December 2018 at 11:17PM in Parking tickets, fines & parking
Hello,
I have read the Newbies thread and still very confused about this situation.

The driver parked on a retail car park, wasn't aware of any parking restrictions, and outstayed the free parking stay (was 2 hours - the driver was there 3 - SO AN OVERSTAY OF 1 HOUR) and 6 weeks later the keeper received a PCN in the post from CEL for £100,

There are no receipts from that day.

The PCN issue date was 10 days after the incident, but the letter wasn't received until 32 days after the PCN issue date (42 days after the incident).

According to the letter the keeper has missed the 14 day discounted grace period (£60 fine) and the 28 day period in which to appeal.

Apart from the fact the driver wasn't aware of any parking restrictions, the fact the letter has been received so late (and there's no date stamps on the letter to prove this) is there anything that can be done?

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    oaaeae wrote: »
    Hello,
    I have read the Newbies THREAD and still very confused about my situation.

    THE DRIVER parked on a retail car park, THE DRIVER wasn't aware of any parking restrictions, and outstayed the free parking stay (was 2 hours - THE DRIVER was there 3 - SO AN OVERSTAY OF 1 HOUR) and 6 weeks later THE KEEPER received a PCN in the post from CEL for £100,

    WE have no receipts from that day.

    The PCN issue date was 10 days after the incident, but the letter wasn't received until 32 days after the PCN issue date (42 days after the incident).

    According to the letter I (THE KEEPER) have missed my 14 day discounted grace period (£60 fine) and the 28 day period in which to appeal.

    Apart from the fact THAT THE DRIVER wasn't aware of any parking restrictions, the fact the letter has been received so late (and there's no date stamps on the letter to prove this) is there anything I can do?

    amendments made in my quote above, suggest you do the same with post #1, on a laptop, not a phone

    never say "MY , ME , MYSELF & I" - ie:- NO BLABBING

    send the blue text template from the NEWBIES FAQ sticky thread to CEL and appeal as keeper anyway, if at a P.O. go to the counter and ask for a free certificate of posting , if online take a screenshot

    and complain to the landowner or retailer or Managing Agent WITH PROOF OF PATRONAGE and ask them to get the PCN cancelled, GIVE THEM THE PCN REFERENCE, BUT NO MENTION OF WHO WAS DRIVING

    THE ROYAL "WE" IS SUFFICIENT whilst you are complaining to this retailer or landowner etc (no blabbing)

    it is the fools that blab about who was driving on the day that shoot themselves in the foot and cost themselves a lot of money - so be warned
  • Thankyou for your help, the edits you suggested have been made.
    What do you mean by proof of patronage? its a fast food chain.
    Also, the person wanting to appeal may not be the keeper of the vehicle, but the keeper is choosing not to get involved as it the drivers problem, is the driver allowed to appeal.
    also the blue template doesnt cover contesting due to the letter being received 6 weeks after the incident? in the letter it states the exact arrival and exiting time so im not such the overstay can be contested? do i have a good chance of this being sorted?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    oaaeae wrote: »

    1) Thank you for your help, the edits you suggested have been made.

    2) What do you mean by proof of patronage? its a fast food chain.

    3) Also, the person wanting to appeal may not be the keeper of the vehicle, but the keeper is choosing not to get involved as it the drivers problem, is the driver allowed to appeal.

    4) also the blue template doesnt cover contesting due to the letter being received 6 weeks after the incident? in the letter it states the exact arrival and exiting time so im not such the overstay can be contested?

    5) do i have a good chance of this being sorted?

    1) GOOD

    2) proof that purchases were made there, like tickets , receipts, till receipts , bank statements, anything to show the people were genuine customers of the outlet

    3) tell the KEEPER to write to the PPC with the name and address of the driver then, the PPC will then send the DRIVER a new pcn which can be paid or appealed as decided by them

    4) the KEEPER can name the driver any time up to an MCOL being issued (court claim)

    5) only if the driver can prove that the PPC has failed on a techicality

    or if a complaint is made to the LANDOWNER or retailer with proof of patronage and get them to cancel it direct, complaining to the CEO of the food chain may achieve this

    ie:- a genuine overstay due to eating inside for example

    poor signage, no contract, all sorts of technical reasons

    the NEWBIES sticky thread does go over these issues and gives advice

    I have condensed it for you
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 December 2018 at 11:59PM
    As Redx has said, send the blue text template appeal.

    Send it unchanged - no additions or alterations necessary.


    So the keeper is willing to sacrifice you for the sake of less trouble for him?

    The keeper is in a much stronger position to appeal against this.

    Anyway, if the driver is going to appeal then you have wasted your time doing all that Me, Myself, I editing. The whole point of that was to protect the keeper, but it looks like he has found another way.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
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