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Is there a time limit for postal pcn to be sent by?

edited 31 December 2018 at 4:36PM in Parking tickets, fines & parking
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bondy_ladbondy_lad Forumite
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edited 31 December 2018 at 4:36PM in Parking tickets, fines & parking
Have checked newbies etc,could not find answer,just want to know for my son who has received a postal pcn from flashparks,date of contravention to date of letter is 39 days? Is this legit or is there a Maximum number of days this must be sent by,dates of contravention and date of letter clearly marked,,incidentally the car is a lease,but on pcn it clearly has my sons name and address on letter.,,thanks.
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  • RedxRedx Forumite
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    no , no timescale as such , they have 6 years to send it , but it is "legit", althouh it may not be POFA compliant , ie:- its an invoice, nothing more

    but the real answer is that to COMPLY WITH POFA2012 they must include the correct wordings and the POFA timescales for it to be "legit" under POFA

    this all depends if its a windscreen notice to driver FOLLOWED BY a postal notice to keeper(NTK) - in which case it should arrive between day 29 and day 56 for POFA to apply

    however, if its a postal notice to KEEPER and no windscreen notice was issued, then its 14 days, so has to ARRIVE by day 15 , where the incident date is day zero

    so all depends on the above, its either in time, or out of time , depanding on the correct scenario

    this doesnt mean it was invalid, as POFA2012 is not mandatory (YET)

    so for an ANPR or handheld camera incident with no NTD, then its failed POFA2012 and we call that a "golden ticket" because it means a keeper isnt liable (but the driver was and is), hence why the appeal is the blue text template from the KEEPER , no blabbing about who was driving
  • KeithPKeithP Forumite
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    There is no limit, but the PPC can only get keeper details from the DVLA for up to six months following the alleged incident.
  • RedxRedx Forumite
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    I see you have now edited your post to mention that it is leased

    we must assume that the KEEPER (hire co) has been sent an NTK and they have named the hirer/lessee (day to day keeper) as your son

    in which case read all the edna basher posts about dealing with leased cars, plus the hire docs that are usually missing

    timescales are different with leased vehicles and POFA2012 has a special section about them, which is why CM has the edna basher section and referrals in that NEWBIES thread

    I would assume that there was no windscreen ticket so go off the postal NTH options on timescales to hold the lessee liable or not (your son) - they have probably omitted the hire or lease docs which should have come with the NTH
  • SpursmadSpursmad Forumite
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    Bondaylad

    I could be in the same position as the RK of a vehicle . The car over stayed in an ANPR car park.
    POFA states that the NTK must be received by day 15,which in my instance car was parked was parked on 12 Dec so must arrive by 27th Dec.Bank holidays excluded. So far i havent had a letter, BUT POFA also states any letter posted is deemed to be served 2 days after. So the sneaky swines could actually send a letter tofay 31/12 but dated 24 DEc and claim it was delivered on 28th. In fact it seems ,the way i read it that not only can the PPCs ignore this 14 day rule, but have 6 months in which to get it to you.
    I am utterly confused as to what is actual law now in POFA, as i have seen so many different opinions as to what is correct. In my query i have had both given as being 'the right one'.
    Luckily i an in a position to pop round to Waitrose HQ and 'have a chat' with them on the devious methods that Britannia will use should such an invoice arrive.
  • RedxRedx Forumite
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    Spursmad wrote: »
    Bondaylad

    I could be in the same position as the RK of a vehicle . The car over stayed in an ANPR car park.
    POFA states that the NTK must be received by day 15,which in my instance car was parked was parked on 12 Dec so must arrive by 27th Dec.Bank holidays excluded. So far i havent had a letter, BUT POFA also states any letter posted is deemed to be served 2 days after. So the sneaky swines could actually send a letter tofay 31/12 but dated 24 DEc and claim it was delivered on 28th. In fact it seems ,the way i read it that not only can the PPCs ignore this 14 day rule, but have 6 months in which to get it to you.
    I am utterly confused as to what is actual law now in POFA, as i have seen so many different opinions as to what is correct. In my query i have had both given as being 'the right one'.
    Luckily i an in a position to pop round to Waitrose HQ and 'have a chat' with them on the devious methods that Britannia will use should such an invoice arrive.


    except you may not have a leased vehicle, so your POFA case may be the part that applies to a keeper, not a hirer , where different timescales apply
  • UmkomaasUmkomaas Forumite
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    So the sneaky swines could actually send a letter tofay 31/12 but dated 24 DEc and claim it was delivered on 28th.
    Despite the depths they plumb, all this stuff is highly automated and I've never seen any similar scenario - don't let it consume you.
    In fact it seems ,the way i read it that not only can the PPCs ignore this 14 day rule, but have 6 months in which to get it to you.
    That is correct, but they throw away any possibility of holding the keeper liable beyond the 14/15 day rule.
    I am utterly confused as to what is actual law now in POFA, as i have seen so many different opinions as to what is correct.
    I've posted some responses on your thread to explain this. Can you show me the 'different opinions' that contradict the advice?
    In my query i have had both given as being 'the right one'.
    Similar to above - let's be seeing them please, to understand where you are getting this from.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • SpursmadSpursmad Forumite
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    Umkomass
    Actually it was the two post 2 and 5 you put in my thread 'Have i dodged a bullet'?
    Post 2 you say that they have 15 days in which to inform me
    The car was parked on 12 Dec so the 15 days ended on 27 Dec Excluding BH the letter mustbe deemed as having arrived by no later than 29
    Following that statement i did ask That i could write back telling them thy are out of time as per POFA and not to contact me anymore

    You then said that they can still pursue me so thats where i am confused

    Must 1 ask them for a POPLA code as they have failed POFA rules to get this killed off then?
  • Hi guys,just an add on to my original enquiry,flashparks say they are a member of ,,bpa,when I checked the current list,they are not listed anywhere?..am I looking in the wrong place,but they are not mentioned anywhere?..
  • Johno100Johno100 Forumite
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    bondy_lad wrote: »
    Hi guys,just an add on to my original enquiry,flashparks say they are a member of ,,bpa,when I checked the current list,they are not listed anywhere?..am I looking in the wrong place,but they are not mentioned anywhere?..

    Vehicle Control Solutions Ltd t/as Flashpark have another look they are there.
  • Yes,seen it now ,thank you.
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