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Britannia PCN – NTK issued over 14 days
macka28
Posts: 2 Newbie
I have read the NEWBIES thread plus others, and would like to double check a couple of points before appealing 2 PPCNs please.
Company: Britannia Parking
Dates of offences: A) 21st June and
29th June
Dates of notices to Lex Autolease: both 9th July
Dates of notice to keeper: both 30th July
Notices received by Keeper: both 1st August
Grounds for appeal: does not comply with Section 4 of POFA 2012 (not received within 14 days of offence)
1) Does it matter that Britannia contacted Lex Autolease for keeper details within 14 days, but did not then contact me (the keeper) within 14 days of those dates? I’ve read somewhere that it doesn’t matter WHY it was late, just that it was late – correct?
2) As per Slithy Tove’s comment on the thread "Notice to Keeper issued after 20 days" (sorry as a new user am not permitted to post links), am planning to amend the text to mention that the notice is not compliant with POFA 2012, however the text on the template does not match with what Slithy Tove has quoted: “There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge” < this text does not appear on the template.
3) Text below the template states “If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) then a postal PCN must arrive by day 14 if there was no windscreen ticket”. My charge notices do not quote POFA 2012 – does the 14 day rule still apply?
Thanks in advance.
Company: Britannia Parking
Dates of offences: A) 21st June and
Dates of notices to Lex Autolease: both 9th July
Dates of notice to keeper: both 30th July
Notices received by Keeper: both 1st August
Grounds for appeal: does not comply with Section 4 of POFA 2012 (not received within 14 days of offence)
1) Does it matter that Britannia contacted Lex Autolease for keeper details within 14 days, but did not then contact me (the keeper) within 14 days of those dates? I’ve read somewhere that it doesn’t matter WHY it was late, just that it was late – correct?
2) As per Slithy Tove’s comment on the thread "Notice to Keeper issued after 20 days" (sorry as a new user am not permitted to post links), am planning to amend the text to mention that the notice is not compliant with POFA 2012, however the text on the template does not match with what Slithy Tove has quoted: “There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge” < this text does not appear on the template.
3) Text below the template states “If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) then a postal PCN must arrive by day 14 if there was no windscreen ticket”. My charge notices do not quote POFA 2012 – does the 14 day rule still apply?
Thanks in advance.
0
Comments
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1) read pofa and the posts by Edna basher about the timescales for lease vehicles
2) use the Edna basher based appeals for lease vehicles, bottom of post 1
3) nothing to do with the blue text template, read the Edna basher ones0 -
Thank you, apologies I missed that. Have appealed using one of the templates - fingers crossed.0
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Nine times out of ten these tickets are scams so consider complaining to your MP.
Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.You never know how far you can go until you go too far.0
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