Ukpcm ticket

Wokfie6

Hi.

I have had a search through the forums, but I’m getting a bit confused.

Can someone answer a question or two for me?

I recieved a PCN from uk car park management in the post.

My car was/is registered to my old address, for some reason the change of address never went through.

I didn’t actually receive the PCN till after the 14 day discount.

I know I can’t blame dvla, but I decided to ignore it and wait for the next letter.

I was not the driver at the time, the car was parked on private land, but not in an allocated parking space, it was on a verge/kerb on ‘dead’ ground. No lines or marking on the road.

The first letter was a PCN,
issue date 18/12/18
Incident time/date 15:07 14/12/18

I have notice that the time stamp on their photos is 14:37

There is an inconsistancy there? Can I use that as a defence?

Also I read on the forums that a pcn by post should have 21day discount period? Not 14 day?

I then recieved a second letter.

It is a formal demand.
Dated 16/01/19
Issued date 18/12/18
Issued time 12:25

Again the issued time is different to the photos and different from the first letter?

Again I didn’t respond to this letter.

Today I recieved a letter from DRP Ltd.

I know to ignore this, but I have not recieved a Notice to keeper?

I thought I read that they have to send a NTK within a set time? 56 days?

Do I have any arguments there?

I also have another ticket, same place different day, but so far the same is happening. Times on both pcn and formal notice do not match the photos.

Thanks in advance

Redx

any 21 days relates to IPC members appeal window, not discounts

the time issue MAY be something to bring up in any court case, but as a defence point ? maybe not

any defence is mainly focussed on the perceived contract between driver and parking company, so it all depends on the contravention that they allege happened , so a good defence would major on poor and inadequate signage , no parking contract , no landowner contract etc

any failure regarding a postal NTK is irrelevant if they posted it in good time to the address given by the DVLA, so not updating the V5C is the keeper responsibility, and cannot be passed on to anyone else

if there was a windscreen ticket, they send the NTK between day 29 and day 56 for POFA to possibly apply

if NO windscreen ticket was issued , they have 14 days to send it to arrive at the address given by the DVLA

so the incorrect address has muddied the waters, for the keeper

Wokfie6

Thanks for the reply.

I haven’t recieved a NTK at all. Only a pcn then a formal demand.

As I was not the driver, but the keeper, and I passed the letters to the driver, technically as keeper I haven’t recieved a ticket/invoice from them?

Redx

any invoice from the PPC addressed to you as keeper is an NTK, ie:- a Notice To Keeper (the PCN in the post)

Wokfie6

Would it be worth writing to them do you think?

Explain the wrong address, tell them I’m keeper not driver, point out the timing inconsistency’s.

Or just wait and see if they go to court?

If I do want to go to court, do I write and tell them?

Redx

the only thing you should do is send their DPO an email data rectification notice and give them the correct current address for service of papers, and to destroy any previous address (with proof that you are the RK)

check their NTK that arrived in the post to see if it complied with POFA 2012 in timescales to get to the old address, plus the POFA warning paragraphs about keeper liability etc

I am sure there will be many debt collector letters and also an LoC before any MCOL, because they have 6 years to harass you into payment , especially if they complied with POFA

and get the V5C and any driving licences updated asap, or each one can carry a real £1000 fine from the DVLA

ShakeItOff

They have 6 years to commence court action - I wouldn't be inclined to invite them to do so.

i'm not clear if you've since updated your address, and that they are now writing to you at the correct one. If they are writing to the old address, I would be inclined to send then a notification to correct your records to your updated address - you don't want any potential court action floating under the radar to your old address. Also worth making sure the DVLA now hold your correct address if you haven't done so already.

If DRP are involved, you are in the "ignore" phase, as you correctly state. Just don't bin any of the paperwork that you receive - it may be useful if they chance their arm with a court claim.